Rev. 10/2015 FWC 15/16-098, Page 1 of 61

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

2590 EXECUTIVE CENTER CIRCLE EAST, SUITE 100

TALLAHASSEE, FLORIDA 32301

(850)488-6551 TELEPHONE

(850)922-8060 FAX

INVITATION TO BID: FWC 15/16-098

TITLE: Big Bend Timber Assessment Project

***************************************************************************************

INVITATION TO BID/BIDDER ACKNOWLEDGMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for professional forestry services

contractors to conduct an inventory of pine, hardwood, and cypress timber in stands within the Snipe

Island, Hickory Mound and Spring Creek units of the Big Bend Wildlife Management Area (BBWMA), as

well as development of a 20 year plan to manage timber resources within these units according to goals

and specifications contained herein. Only responsive and responsible contractors will be considered for

award of this Invitation to Bid (ITB).

Responsive: To be responsive a bid must constitute a definite, firm, unqualified and unconditional offer

to meet all of the material terms of this ITB. Material terms are those that could affect the price, quantity,

quality, or delivery. Also included as material terms are those which are clearly identified in this ITB

and which, for reasons of policy, must be complied with at risk of bid rejection for non-responsiveness.

Non Responsive: Any submission that does not comply with this ITB in any way, does not contain all the

properly signed forms, supplements or deviates from the Bid requirements or has an incomplete Price

Sheet may be considered nonresponsive at the discretion of Procurement Manager.

Responsible Companies: The Commission shall only consider responsible companies. Responsible

companies are those that have, in the sole judgment of the Commission, the financial ability, experience,

resources, skills, capability, reliability and business integrity necessary to perform the requirements of

the contract. The Commission may also consider references and quality to determine the responsibility

of the bid. The Commission reserves the right to use any information, whether supplied through the

Bidder’s submission or otherwise obtained, in determining responsibility.

Rejection of Bids: The Commission reserves the right to reject any and all bids and to waive any minor

irregularity in the submissions received in response to this ITB. The Commission reserves the right to

consider all information, whether submitted or otherwise, to determine responsiveness and responsibility

and to reject bids accordingly.

Name of Business:

Contact Person Name:

Business Address:

City: State: Zip code:

Phone: Fax: E-Mail:

Federal Employer Identification Number (FEID): _____________________________________

The undersigned attest to the following:

“We understand all of the terms, conditions and the specifications contained herein and agree to abide by all of the terms, conditions and the specifications in their entirety.”

Authorized Signature (Manual): _______________________________________________________

Authorized Signature Name (Typed) and Title: _________________________________________________________

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FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

FWC 15/16-098

INVITATION TO BID CALENDAR OF EVENTS

SCHEDULE DUE DATE METHOD

Bid Advertised February 9, 2016

Posted on the Vendor Bid System:

http://vbs.dms.state.fl.us/vbs/main_menu

MANDATORY Pre-Bid

Conference

February 17, 2016

@ 11:00 a.m. See Pre-Bid Conference Clause

Deadline for Questions

Must be received

PRIOR to:

February 23, 2016

@ 5:00 p.m.

See Deadline for Questions Clause

Anticipated date for Responses

to Written Questions February 26, 2016

Posted on the Vendor Bid System:

http://vbs.dms.state.fl.us/vbs/main_menu

SEALED BIDS DUE

(REMEMBER: Bid Number

should be clearly marked on

envelope)

Must be received

PRIOR to:

March 8, 2016

@ 3:00 p.m.

Submit BEFORE the due date and time to the

following address:

Florida Fish & Wildlife Conservation

Commission

Attn: Purchasing

2590 Executive Center Circle East, Suite 100

Tallahassee, Florida 32301 Public Bid Opening

March 8, 2016

@ 3:00 p.m.

Anticipated Date of Intended

Award March 14, 2016

Posted on the Vendor Bid System:

http://vbs.dms.state.fl.us/vbs/main_menu

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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FWC 15/16-098

BIDDER SUBMITTAL CHECKLIST

The following items are required to be submitted to qualify the Bidder as a “responsive”

contractor to be considered for an award. Failure to submit any of the following documentation

may result in a contractor being declared “non-responsive”.

_____ Completed & signed Invitation to Bid/Bidder Acknowledgment form

_____ Site Visit Mandatory Attestation-Individual Bidder Attendance form (Attachment B)

_____ Identical Tie Bid / Drug Free Workplace form (Attachment C)

_____ Completed & signed Price Sheet (Attachment D)

_____ Completed & signed References form (Attachment E)

_____ Subcontractors, if used, 1) must be identified during the bid process and 2) must

provide their experience conducting forest inventory services and the types of

equipment they have available to conduct forest inventory on FWC lands.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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FWC 15/16-098

GENERAL CONDITIONS

The Florida Fish and Wildlife Conservation Commission’s (FWC or Commission) mission is to

manage fish and wildlife resources for their long-term well-being and the benefit of people. The

Commission administers six (6) major programs including habitat and species conservation,

freshwater fisheries management, law enforcement, marine fisheries management, hunting and

game management and fish and wildlife research.

A Bidder submitting a bid shall be registered in the MyFloridaMarketPlace (MFMP) system

and where required, the Sunbiz system, prior to the bid opening (see

MYFLORIDAMARKETPLACE and ADDITIONAL LEGAL REQUIREMENT clause). Business

entities which must be on file with Sunbiz include the following foreign and domestic entities: Corporations for and not for profit, Limited Liability Companies (LLC), Limited Partnerships

(LP) including Limited Liability Limited Partnerships (LLLP), and organizations doing

business under a fictitious name (DBA). A Bidder may not be considered for an award, if not

registered in the MFMP and Sunbiz system. The Bidder’s registration address and federal

employer identification (FEID) number should match the Bidder’s address and FEID number

listed on the Bidder Acknowledgment form (page 1).

Certified Minority-owned, Woman-owned and Service-Disabled Veteran Business Enterprises,

as certified by the State of Florida Office of Supplier Diversity, are encouraged by the

Commission to participate in the bidding process.

Bids from Bidders shall include all necessary equipment to complete the job. The bidder is

required to supply all specified documentation when submitting a bid for this project.

Please note:

The terms “Contract,” “Agreement” and “Purchase Order” are used interchangeably in the

document.

The terms “Commodities” and “Goods” are used interchangeably in the document.

TERMS AND CONDITIONS PUR 1000 and PUR1001 are hereby incorporated by reference. PUR1000 and PUR1001 can be found at the Department of Management Services website at the following link:

http://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references

_resources/purchasing_forms

The following terms and conditions take precedence over the PUR1001 and PUR1000 forms

where applicable. The Commission objects to and shall not consider any additional terms or

conditions submitted by a Bidder or Contractor, including any appearing in documents attached

as part of a Bidder’s response. In signing and submitting its bid, a Bidder agrees that any

additional terms or conditions, whether submitted intentionally or inadvertently, shall have no

force or effect. Failure to comply with terms and conditions, including those specifying

information that must be submitted with a bid, shall be grounds for rejecting a bid.

The terms and conditions of Attachment A, Purchase Order Terms and Conditions, are hereby

incorporated into this solicitation. Any contract resulting from this solicitation will include the

terms and conditions of this solicitation and the terms and conditions contained in Attachment

A.

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ESTIMATED BUDGET

The Commission has an estimated budget for this project of $55,000.00.

TERM

The contract will be effective from the date of issuance of the Purchase Order through June 30,

2016.

Project shall be completed by the Contractor by the Completion Date of June 1, 2016. If

circumstances constituting Force Majeure have occurred, or if anything occurs beyond the

Contractor’s control, the Contractor may request in writing an extension of Completion Date.

The Contract Manager and the Contract Administrator, upon review of the extension request,

will determine and approve if the extension can be made.

CONDITIONS AND SPECIFICATIONS

The Bidder is required to examine carefully the conditions and specifications of this bid and to

be thoroughly informed regarding any and all requirements of the conditions and specifications.

MANDATORY PRE-BID CONFERENCE/SITE VISIT A mandatory Pre-Bid Conference/Site Visit will be held at the Big Bend Wildlife Management Area

(BBWMA) on the date and time specified in the Calendar of Events (Page 2). The purpose of the

Pre-Bid Conference/Site Visit is to discuss the contents of this ITB and to accept verbal questions

from Bidders concerning the project. Bidders must attend this Pre-bid conference in order to submit

a bid. Failure to attend the entire conference, from the time it is called to order to the time it is

adjourned, shall disqualify a potential bidder. The Site Visit Mandatory Attestation-Individual

Bidder Attendance form (Attachment B) must be completed by the Contractor and submitted

with the bid package. The FWC will make a reasonable effort to answer verbal questions asked at

the Pre-Bid Conference/Site Visit, however, Bidders should clearly understand that verbal

discussions held at the Pre-Bid Conference/Site Visit shall not be binding on the FWC, and the FWC

will only issue an official written response to verbal questions subsequently submitted in writing in

accordance with the Deadline for Questions clause below.

Directions

The BBWMA Field Office is located 663 Plantation Road in Perry, Florida. To get there take U.S.

Highway 19 into Perry, Florida. Turn East on Plantation Road across from the Hampton Inn. Then

turn left (north) at the second driveway (just before the Florida Department of Transportation

building).

DEADLINE FOR QUESTIONS

Any questions from Bidders that require an official FWC answer concerning this project shall be

submitted in writing to the Procurement Manager identified below. Questions must be received no

later than the date and time specified in the Calendar of Events (Page 2). Questions may be sent

via e-mail, hard copy by mail, or facsimile. It is the responsibility of the Bidder to confirm receipt

of questions if needed.

If questions are received, an addendum will be issued and shall be posted on the Vendor Bid System

internet site at the following address: http://vbs.dms.state.fl.us/vbs/main_menu

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Questions shall be directed to:

Florida Fish & Wildlife Conservation Commission

Tallahassee Purchasing Office

Attn: Ruth Heggen, Procurement Manager

2590 Executive Center Circle East, Suite 100

Tallahassee, Florida 32301

Phone: (850) 488-6551

Fax: (850) 922-8060

ruth.heggen@myfwc.com

LIMITATION ON BIDDER CONTACT DURING SOLICITATION PERIOD

Bidders to this solicitation or persons acting on their behalf may not contact, between the release

of the solicitation and the end of the 72-hour period following the agency posting the notice of

intended award, (Note the 72 hour posting period excludes Saturdays, Sundays, and state

holidays) any employee or officer of the executive or legislative branch concerning any aspect of

this solicitation, except in writing to the procurement manager or as provided in the solicitation

documents. Violation of this provision may be grounds for rejecting a response.

BIDDER SPECIFICATION INQUIRIES

If the specifications of this Invitation to Bid (ITB) could restrict potential Bidder competition,

the Bidder has 72 hours within which to request to the Commission that the specification(s) be

changed. The Contract Administrator must receive the written request within 72 hours after

the posting date of the ITB.

Requested changes to the Commission’s specifications shall include the Bidder’s concerns

regarding restricting competition, provide detailed justification, and provide recommended

changes to the specification(s). A Bidder’s failure to request changes by the prescribed date and

time shall be considered to constitute the Bidder’s acceptance of the Commission’s specifications.

The Commission shall determine what change(s) to the ITB is acceptable to the Commission. If

accepted, the Commission shall issue an addendum reflecting the change(s) to the ITB, which

shall be posted to the Vendor Bid Advertisement System, internet site

http://vbs.dms.state.fl.us/vbs/main_menu .

It is up to the Bidder to ensure that everything is included as required by the Commission’s

Purchasing Office. It is not the Commission’s responsibility to mail or fax any forms to a

potential Contractor. Bid packet information may also be requested from the Commission’s

Purchasing Section by calling (850) 488-6551 or by FAXING a request to (850) 922-8060. Please

have bid number and Bidder information available when requesting any information.

BID OPENING LOCATION

The public opening of this bid will be conducted at the date and time specified in the Calendar of

Events (Page 2), at the Florida Fish and Wildlife Conservation Commission, Tallahassee

Purchasing Office, Suite 100, 2590 Executive Center Circle East, Tallahassee, Florida, 32301.

BIDS RECEIVED AFTER DATE AND TIME SPECIFIED WILL BE REJECTED.

Any person with a qualified disability shall not be denied equal access and effective

communication regarding any bid/proposal documents or the attendance at any related meeting

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or bid/proposal opening. If accommodations are needed because of a disability, please contact

the Purchasing Section at (850) 488-6551 at least three (3) workdays prior to the opening.

MAILING INSTRUCTIONS(PLEASE NOTE NEW LOCATION AND MAILING ADDRESS) All bids shall be submitted in a SEALED ENVELOPE addressed to the Florida Fish and Wildlife

Conservation Commission, Suite 100, 2590 Executive Center Circle East, Tallahassee, Florida

32301. THE ENVELOPE SHALL BE PLAINLY MARKED ON THE OUTSIDE WITH: BID

NUMBER, DATE AND TIME OF THE BID OPENING. THE COMMISSION IS NOT

RESPONSIBLE FOR THE OPENING OF ANY ENVELOPES THAT ARE NOT PROPERLY

MARKED.

PLEASE NOTE: THE COMMISSION’S OFFICIAL BUSINESS HOURS OF OPERATION ARE

8:00AM – 5:00PM EXCLUSIVE OF SATURDAYS, SUNDAYS, AND STATE HOLIDAYS.

SELECTING DELIVERY SERVICES, SUCH AS NEXT DAY FIRST DELIVERY MAY RESULT

IN ATTEMPTED DELIVERY PRIOR TO OPENING, OR AFTER CLOSING, AND THE

COMMISSION WILL NOT BE AVAILABLE TO ACCEPT THOSE DELIVERIES. THE

COMMISSION IS NOT RESPONSIBLE FOR LATE SUBMISSIONS DUE TO

COMPLICATIONS RELATED TO SELECTED DELIVERY SERVICES.

BIDDER ACKNOWLEDGMENT

In order for this bid to be valid, the bid must be completed in its entirety, signed by the Bidder

and returned, as part of the bid or the bid will be rejected. By affixing your signature to page 1

of the bid, the Bidder hereby states that the Bidder has read all bid specifications and conditions

and agrees to all terms, conditions, provisions, specifications, and is currently licensed to do

business within the State of Florida, if required by State or Federal Law, for the services or

commodities the Bidder will provide the Commission under these bid specifications.

FWC CONTRACT MANAGER

The FWC employee identified as the Contract Manager shall perform the following on behalf

of the FWC:

review, verify, and approve receipt of services/deliverables from the Contractor;

submit requests for change orders/amendments/renewals, if applicable;

review, verify, and approve invoices from the Contractor; and, if applicable, complete the

Certificate of Contract Completion form; and

maintain an official record of all correspondence between the Commission and the

Contractor and forward the original correspondence to the Tallahassee Procurement

Manager for the official file.

VERBAL INSTRUCTION PROCEDURE

Bidders may not consider any verbal instructions as binding upon the Commission. No

negotiations, discussions, or actions shall be initiated or executed by the Bidder as a result of

any discussion with any Commission employee. Only those communications from the

Commission that are in writing, may be considered as a duly authorized expression on behalf of

the Commission.

ADDENDUMS

If the Commission finds it necessary to supplement, modify or interpret any portion of the

specifications or documents or answer any Bidder questions during the ITB period an addendum

shall be posted on the Vendor Bid System internet site. Each Bidder is responsible for

monitoring the Vendor Bid System site for new or changing information relative to this

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procurement. The Commission bears no responsibility for any delays, or resulting impacts,

associated with a Bidder’s failure to obtain the information made available through the Vendor

Bid System. The Vendor Bid System can be reached at the following internet address:

http://vbs.dms.state.fl.us/vbs/main_menu

IDENTICAL TIE BIDS

In accordance with Section 287.087, Florida Statutes, preference shall be given to businesses

with drug-free workplace programs. If two (2) or more bids which are equal with respect to

price, quality, and service are received by the State or by any political subdivision for the

procurement of commodities or contractual services, a bid received from a business that certifies

that it has implemented a drug-free workplace program shall be given preference in the award

process. Contractors must complete the Identical Tie Bid / Drug Free Workplace form

(Attachment C) provided and return it with their bid.

AWARDED BID/INSPECTION

The Commission will award the bid to the responsive, responsible Bidder which submits the

lowest bid price (See Price Sheet - Attachment D). If deemed necessary, an interview with the

Bidder by the Contract Manager may be required before the bid is awarded.

The Commission reserves the right to inspect the prospective contractor’s materials and

background record prior to making an award of the Contract. If the Contract Manager

determines the lowest bidder does not have sufficient experience, equipment, etc. to meet the

specifications of this ITB, the Commission reserves the right to reject the Bidder and evaluate

the next lowest Bidder.

SUPPORTING/SUPPLEMENTAL INFORMATION

The Commission requires that Bidders submit all required technical, specification, and other

supporting information with their bid, so that a detailed analysis and determination can be

made, by the Contract Manager that the product/service offered meets this ITB’s specifications

and that other requirements of this ITB have been met. However, provided a bid meets the

requirements for a definite, firm, unqualified, and unconditional offer, the Commission reserves

the right to request supplemental information from the Bidder, after the bids have been opened,

to ensure that the products/services offered completely meet this ITB’s requirements. The

requirement for such supplemental information will be at the reasonable discretion of the

Commission and may include the requirement that a Bidder will provide a sample product(s) so

that the Commission can make a first-hand examination and determination.

A Bidder's failure to provide this supplemental information or the product sample(s), within the

time set by the Commission, will cause the Commission to consider the contractor non-

responsive and reject the contractor’s bid.

REFERENCES

Each prospective Bidder shall provide references of at least three governmental agencies for

which similar work was completed in the last 5 years, or alternatively, the names of at least 3

private landowners for whom timber assessments have been completed on a minimum of 1,000

acres of timber stands per inventory. Current contact names and phone numbers shall be

included with the bid package. See attached Reference form (Attachment E) for more detail.

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DELIVERABLES

The following services or service tasks are identified as deliverables for the purposes of this

Contract:

a.) Performance of all services set forth in the Scope of Work.

b.) Submission of all invoicing, supporting documentation, Corrective Action Plans and

reports.

Contractor Performance. The Contractor shall perform the activities described in the Scope of

Work in a proper and satisfactory manner. Unless otherwise provided for in the Scope of Work,

any and all equipment, products or materials necessary or appropriate to perform under this

Contract shall be supplied by the Contractor. Contractor shall obtain all necessary local, state,

and federal authorizations necessary to complete this project, and the Contractor shall be

licensed as necessary to perform under this Contract as may be required by law, rule, or

regulation; the Contractor shall provide evidence of such compliance to the Commission upon

request. The Contractor shall procure all supplies and pay all charges, fees, taxes and

incidentals that may be required for the completion of this Contract. By acceptance of this

Contract, the Contractor warrants that it has the capability in all respects totally perform the

requirements and the integrity and reliability that will assure good-faith performance as a

responsible Contractor. Contractor shall immediately notify the Commission’s Contract

Manager in writing if its ability to perform under the Contract is compromised in any manner

during the term of the Contract. The Commission shall take appropriate action, including

potential termination of this Contract in the event Contractor’s ability to perform under this

Contract becomes compromised.

Contractor – Quarterly Minority and Service-Disabled Veteran Business Enterprise Report.

Contractor shall provide a quarterly Minority and Service-Disabled Veteran Business

Enterprise Report to the Commission’s Contract Manager, summarizing the participation of

certified and non-certified minority and service-disabled veteran subcontractors/material

suppliers for the current quarter and project to date. The report shall include the names,

addresses and dollar amount of each certified and non-certified Minority Business Enterprise

and Service-Disabled Veteran Enterprise participant and a copy must be forwarded to the

Commission’s Contract Manager. The Department of Management Services, Office of Supplier

Diversity at (850) 487-0915 will assist in furnishing names of qualified minorities. The

Commission’s Minority Coordinator at (850) 488-6551 will assist with questions and answers.

Contractor Responsibilities. Contractor agrees that all Contractor employees, subcontractors,

or agents performing work under the Contract shall be properly trained technicians who meet

or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy

of technical certification or other proof of qualification. All employees, subcontractors, or agents

performing work under the Contract must comply with all security and administrative

requirements of the Commission. The Commission may conduct, and Contractor shall cooperate

in, a security background check or otherwise assess any employee, subcontractor, or agent

furnished by Contractor. The Commission may refuse access to, or require replacement of, any

personnel for cause, including, but not limited to, technical or training qualifications, quality of

work, change in security status, or non-compliance with the Commission’s security or other

requirements. Such refusal shall not relieve Contractor of its obligation to perform all work in

compliance with the Contract. The Commission may reject and bar from any facility for cause

any of Contractor’s employees, subcontractors, or agents.

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Commission Rights to Assign or Transfer. Contractor agrees that the State of Florida shall at

all times be entitled to assign or transfer its rights, duties, or obligations under this Contract to

another governmental agency in the State of Florida, upon giving prior written notice to

Contractor.

FINANCIAL CONSEQUENCES

In accordance with Section 287.058(1)(h), F.S., the Scope of Work contains clearly defined

deliverables. If Contractor fails to produce each deliverable within the time frame specified by

the Scope of Work, the budget amount allocated for that deliverable will be deducted from

Contractor’s payment. The Commission shall apply any additional financial consequences

identified in the Scope of Work.

Cumulative Remedies. The rights and remedies of the Commission in this paragraph are in

addition to any other rights and remedies provided by law or under the Contract.

CERTIFICATE OF CONTRACT COMPLETION

The Contract Manager shall conduct a final inspection of the work to determine if completion

has occurred. Upon satisfactory completion of the work, the Contractor shall send the Contract

Manager a notarized Certificate of Contract Completion (Attachment F) and the Contract shall

be deemed completed upon the issuance date of such Certificate.

PERMITTING

Permitting for this project, if needed, is the responsibility of the Contractor. A copy of all permits

shall be posted at the work site location at all times during the project. The Contractor is

responsible for complying with all permit conditions and the Contractor shall pay any penalties

arising from the Contractor’s permit violations.

INSURANCE REQUIREMENTS

Reasonably Associated Insurance. During the term of the Contract, Contractor, at its sole

expense, shall maintain insurance coverage of such types and with such terms and limits as

may be reasonably associated with the Contract. Providing and maintaining adequate

insurance coverage is a material obligation of the Contractor, and failure to maintain such

coverage may void the Contract. The limits of coverage under each policy maintained by

Contractor shall not be interpreted as limiting Contractor’s liability and obligations under the

Contract. All insurance policies shall be through insurers licensed and authorized to write

policies in Florida.

Workers Compensation. To the extent required by Chapter 440, F.S., the Contractor will either

be self-insured for Worker’s Compensation claims, or will secure and maintain during the life of

this Contract, Workers’ Compensation Insurance for all of its employees connected with the

work of this project, with minimum employers’ liability limits of $100,000.00 per accident,

$100,000.00 per person, and $500,000.00 policy aggregate. Such policy shall cover all employees

engaged in any contract work. If any work is subcontracted, the Contractor shall require the

subcontractor similarly to provide Workers’ Compensation Insurance for all of the latter’s

employees unless such employees are covered by the protection afforded by the Contractor. Such

self-insurance program or insurance coverage shall comply fully with the Florida Workers’

Compensation law (Chapter 440, F.S.). In case any class of employees engaged in hazardous

work under this Contract is not protected under Workers’ Compensation statutes, the

Contractor shall provide, and cause each subcontractor to provide, adequate insurance

satisfactory to the Commission, for the protection of its employees not otherwise protected.

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Employers who have employees who are engaged in work in Florida must use Florida rates,

rules, and classifications for those employees.

General Liability Insurance. By execution of this Contract, unless Contractor is a state agency

or subdivision as defined by Subsection 768.28(2), F.S. or unless otherwise provided for in the

Scope of Work, Contractor shall provide reasonable and adequate commercial general liability

insurance coverage and hold such liability insurance at all times during the Contract. A self-

insurance program established and operating under the laws of the State of Florida may provide

such coverage.

Insurance Required for Performance. During the Contract term, Contractor shall maintain any

other types and forms of insurance required for the performance of this Contract. Additional

insurance requirement may also be found in the Scope of Work.

Written Verification of Insurance. Upon execution of this Contract, Contractor shall provide the

Commission written verification of the existence and amount for each type of applicable

insurance coverage. Within ten (10) days of the effective date of the Purchase Order, Contractor

shall furnish proof of applicable insurance coverage to the Commission’s Contract Manager by

standard Association for Cooperative Operations Research and Development (ACORD) form

certificates of insurance. In the event that any applicable coverage is cancelled by the insurer

for any reason, Contractor shall immediately notify the Commission’s Contract Manager in

writing of such cancellation and shall obtain adequate replacement coverage conforming to the

requirements herein and provide proof of such replacement coverage within fifteen (15) business

days after the cancellation of coverage. Copies are acceptable and can be faxed to (850) 922-

8060.

Commission Not Responsible for Insurance Deductible. The Commission shall be exempt from,

and in no way liable for, any sums of money representing a deductible in any insurance policy.

The payment of such deductible shall be the sole responsibility of Contractor providing such

insurance.

DAMAGES TO STATE PROPERTY Any damages to state property (e.g. structures, roads, culverts, fences, trees, or other natural

resources) caused by the Contractor while working on this project shall be the responsibility of

the Contractor to remedy, as determined by the Commission. The Contractor shall be

responsible for the conduct of all Contractor personnel at all times while on the job site.

Should any historical or cultural artifacts be uncovered the Contractor shall immediately halt

work and notify the Contract Manager. Please note: The State Archeologist has the power to

halt work if he or she has reason to believe artifacts are being disturbed.

SUBCONTRACTS

Contractor shall ensure, and provide assurances to the Commission upon request, that any

subcontractor selected for work under this Contract has the necessary qualifications and

abilities to perform in accordance with the terms and conditions of this Contract. Contractor

must provide the Commission with the names of any subcontractor considered for work under

this Contract; the Commission reserves the right to reject any subcontractor. Contractor agrees

to be responsible for all work performed and all expenses incurred with the project. Any

subcontract arrangements must be evidenced by a written document available to the

Commission upon request. Contractor further agrees that the Commission shall not be liable

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to any subcontractor for any expenses or liabilities incurred under the subcontract and

Contractor shall be solely liable to the subcontractor for all expenses and liabilities incurred

under the subcontract. Contractor, at its expense, will defend the Commission against such

claims. The following provisions apply, in addition to any terms and conditions included in the

Scope of Work.

Contractor Payments to Subcontractor. The Contractor agrees to make payments to the

subcontractor within seven (7) working days after receipt of full or partial payments from the

Commission in accordance with Section 287.0585, F.S., unless otherwise stated in the contract

between Contractor and subcontractor. Contractor’s failure to pay its subcontractors within

seven (7) working days will result in a penalty charged against Contractor and paid to the

subcontractor in the amount of one-half of one percent (.05%) of the amount due per day from

the expiration of the period allowed herein for payment. Such penalty shall be in addition to

actual payments owed and shall not exceed fifteen percent (15%) of the outstanding balance due.

Commission Right to Reject Subcontractor Employees. The Commission shall retain the right

to reject any of Contractor’s or subcontractor’s employees whose qualifications or performance,

in the Commission’s judgment, are insufficient.

Subcontractor as Independent Contractor. The Contractor agrees to take such actions as may

be necessary to ensure that each subcontractor will be deemed to be an independent contractor

and will not be considered or permitted to be an agent, servant, joint venture or partner of the

State of Florida.

TERMINATION

Commission Unilateral Termination. The Commission may unilaterally terminate this Contract

for convenience by providing the Contractor with thirty (30) calendar days of written notice of

its intent to terminate. Contractor shall not be entitled to recover any cancellation charges or

lost profits.

Termination – Fraud or Willful Misconduct. This Contract shall terminate immediately in the

event of fraud or willful misconduct on the part of the Contractor. In the event of such

termination, the Commission shall provide Contractor with written notice of termination.

Termination - Funds Unavailability. In the event funds to finance this Contract become

unavailable or if federal or state funds upon which this Contract is dependent are withdrawn or

redirected, the Commission may terminate this Contract upon no less than twenty-four (24)

hours’ notice in writing to Contractor. Said notice shall be delivered by certified mail, return

receipt requested or in person with proof of delivery. The Commission shall be the final

authority as to the availability of funds and will not reallocate funds appropriated for this

Contract to another program thus causing “lack of funds.” In the event of termination of this

Contract under this provision, Contractor will be compensated for any work satisfactorily

completed prior to notification of termination.

Termination – Other. The Commission may terminate this Contract if the Contractor fails to:

1.) comply with all terms and conditions of this Contract; 2.) produce each deliverable within

the time specified by the Contract or extension; 3.) maintain adequate progress, thus

endangering the performance of the Contract; or, 4.) abide by any statutory, regulatory, or

licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences for

default. The rights and remedies of the Commission in this clause are in addition to any other

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rights and remedies provided by law or under the Contract. Contractor shall not be entitled to

recover any cancellation charges or lost profits.

Contractor Discontinuation of Activities upon Termination Notice. Upon receipt of notice of

termination, the Contractor shall, unless the notice directs otherwise, immediately discontinue

all activities authorized hereunder. Upon termination of this Contract, the Contractor shall

promptly render to the Commission all property belonging to the Commission. For the purposes

of this section, property belonging to the Commission shall include, but shall not be limited to,

all books and records kept on behalf of the Commission.

FAMILIARITY AND COMPLIANCE WITH LAWS

The Contractor is required to be familiar and comply with all Federal, State and Local laws,

ordinances, rules and regulations that in any manner affect the work. The Contractor shall

comply with all laws and rules applicable to the Contractor(s) that shall provide the required

commodities or services to the Commission. Ignorance on the part of the Contractor will in no

way relieve him from responsibility. Violation of such laws shall be grounds for Contract

termination.

ELIGIBILITY AND LICENSURE

The Bidder shall be licensed as necessary to perform under this contract as may be required by

law, rule, or regulation; and shall provide evidence of such compliance to the Commission upon

request.

By acceptance of this contract, the Contractor warrants that it has the capability in all respects

to fully perform the contract requirements and the integrity and reliability that will assure good-

faith performance as a responsible Bidder, and that the Contractor shall comport with Chapter

287, F.S., Chapter 60A of Florida Administrative Code, and all other applicable rules and laws.

Unless otherwise provided herein, the Commission will not reimburse the Contractor for any

non-expendable equipment or personal property for use by the Contractor to perform services

under this Contract.

RELATIONSHIP OF THE PARTIES

Independent Contractor. The Contractor shall perform as an independent contractor and not as

an agent, representative, or employee of the Commission. The Contractor covenants that it

presently has no interest and shall not acquire any interest that would conflict in any manner

or degree with the performance of services required. Each party hereto covenants that there is

no conflict of interest or any other prohibited relationship between the Contractor and the

Commission.

Contractor Training Qualifications. Contractor agrees that all Contractor employees,

subcontractors, or agents performing work under the Contract shall be properly trained

technicians who meet or exceed any specified training qualifications. Upon request, Contractor

shall furnish a copy of technical certification or other proof of qualification.

Commission Security. All employees, subcontractors, or agents performing work under the

Contract must comply with all security and administrative requirements of the Commission.

The Commission may conduct, and Contractor shall cooperate in, a security background check

or otherwise assess any employee, subcontractor, or agent furnished by Contractor. The

Commission may refuse access to, or require replacement of, any personnel for cause, including,

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but not limited to, technical or training qualifications, quality of work, change in security status,

or non-compliance with the Commission’s security or other requirements. Such refusal shall

not relieve Contractor of its obligation to perform all work in compliance with the Contract. The

Commission may reject and bar from any facility for cause any of Contractor’s employees,

subcontractors, or agents.

Commission Rights to Assign or Transfer. Contractor agrees that the State of Florida shall at

all times be entitled to assign or transfer its rights, duties, or obligations under this Contract to

another governmental agency in the State of Florida, upon giving prior written notice to

Contractor.

Commission Rights to Undertake or Award Supplemental Contracts. Contractor agrees that the

Commission may undertake or award supplemental contracts for work related to the Contract.

Contractor and its subcontractors shall cooperate with such other contractors and the

Commission in all such cases.

PROHIBITION OF UNAUTHORIZED ALIENS

In accordance with federal Executive Order 96-236, the Commission shall consider the

employment by the Contractor of unauthorized aliens a violation of Section 274A(e) of the

Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation

of this Contract if the Contractor knowingly employs unauthorized aliens.

EMPLOYMENT ELIGIBILITY VERIFICATION

Requirement to Use E-Verify. Executive Order 11-116, signed May 27, 2011, by the Governor of

Florida, requires Commission contracts in excess of nominal value to expressly require the

Contractor to: 1.) utilize the U.S. Department of Homeland Security’s E-Verify system to verify

the employment eligibility of all new employees hired by Contractor during the Contract term;

and, 2.) include in all subcontracts under this Contract, the requirement that subcontractors

performing work or providing services pursuant to this Contract utilize the E-Verify system to

verify the employment eligibility of all new employees hired by the subcontractor during the

term of the subcontract.

E-Verify Online. E-Verify is an Internet-based system that allows an employer, using

information reported on an employee’s Form I-9, Employment Eligibility Verification, to

determine the eligibility of all new employees hired to work in the United States after the

effective date of the required Memorandum of Understanding (MOU); the responsibilities and

elections of federal contractors, however, may vary, as stated in Article II.D.1.c. of the MOU.

There is no charge to employers to use E-Verify. The Department of Homeland Security’s E-

Verify system can be found online at

http://www.dhs.gov/files/programs/gc_1185221678150.shtm

Enrollment in E-Verify. If Contractor does not have an E-Verify MOU in effect, the Contractor

must enroll in the E-Verify system prior to hiring any new employee after the effective date of

this Contract.

E-Verify Recordkeeping. The Contractor further agrees to maintain records of its participation

and compliance with the provisions of the E-Verify program, including participation by its

subcontractors as provided above, and to make such records available to the Commission or

other authorized state entity consistent with the terms of the Contractor’s enrollment in the

program. This includes maintaining a copy of proof of the Contractor’s and subcontractors’

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enrollment in the E-Verify Program (which can be accessed from the “Edit Company Profile”

link on the left navigation menu of the E-Verify employer’s homepage).

Employment Eligibility Verification. Compliance with the terms of the Employment Eligibility

Verification provision is made an express condition of this Contract and the Commission may

treat a failure to comply as a material breach of the Contract.

NON-DISCRIMINATION

Non-Discrimination in Performance. No person, on the grounds of race, creed, color, national

origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or

benefits of, or be otherwise subjected to discrimination in performance of this Contract.

Discriminatory Vendor List. In accordance with Section 287.134, F.S., an entity or affiliate who

has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a

contract to provide any goods or services to a public entity; may not submit a bid, proposal or

reply on a contract with a public entity for the construction or repair of a public building or

public work; may not submit bids, proposals, or replies on leases of real property to a public

entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or

consultant under a contract with any public entity; and may not transact business with any

public entity. Contractor has a continuing duty to disclose to the Commission whether they

appear on the discriminatory vendor list.

PUBLIC ENTITY CRIMES

Convicted Vendor List. Pursuant to Subsection 287.133(2)(a), F.S., a person or affiliate who has

been placed on the convicted vendor list following a conviction for a public entity crime may not

be awarded or perform work as a contractor, supplier, subcontractor or consultant under a

contract with any public entity and may not transact business with any public entity in excess

of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of

thirty-six (36) months from the date of being placed on the convicted vendor list.

Notice of Conviction of Public Entity Crime. Any person must notify the Department of

Management Services and the Commission within thirty (30) days after conviction of a public

entity crime applicable to that person or an affiliate of that person as defined in Section 287.133,

F.S.

Certifications and Assurances. Upon execution of this Contract by the Contractor, the

Contractor shall complete, sign and return to the Commission’s Contract Manager a completed

copy of the form entitled “Certifications and Assurances,” attached hereto and incorporated as

Attachment G. This includes the Certification Regarding Public Entity Crimes.

CONTRACT RELATED PROCUREMENT

PRIDE. In accordance with Section 946.515(6), F.S., if a product or service required for the

performance of this Contract is certified by or is available from Prison Rehabilitative Industries

and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection

946.515(2), F.S., the following statement applies:

It is expressly understood and agreed that any articles which are the

subject of, or required to carry out, this contract shall be purchased from

[PRIDE] in the same manner and under the same procedures set forth in

Subsections 946.515(2) and (4), F.S.; and for purposes of this contract the

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person, firm or other business entity carrying out the provisions of this

contract shall be deemed to be substituted for this agency insofar as

dealings with such corporation are concerned.

The above clause is not applicable to subcontractors unless otherwise required by law.

Additional information about PRIDE and the products it offers is available at http://www.pride-

enterprises.org.

Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service

required for the performance of this Contract is on the procurement list established pursuant to

Subsection 413.035(2), F.S., the following statement applies:

It is expressly understood and agreed that any articles that are the subject

of, or required to carry out, this contract shall be purchased from a

nonprofit agency for the blind or for the severely handicapped that is

qualified pursuant to Chapter 413, F.S., in the same manner and under

the same procedures set forth in Subsections 413.036(1) and (2), F.S.; and

for purposes of this contract, the person, firm or other business entity

carrying out the provisions of this contract shall be deemed to be

substituted for the state agency insofar as dealings with such qualified

nonprofit agency are concerned.

Additional information about the designated nonprofit agency and the products it offers is

available at http://www.respectofflorida.org.

Procurement of Recycled Products or Materials. Contractor agrees to procure any recycled

products or materials which are the subject of or are required to carry out this Contract in

accordance with Section 403.7065, F.S.

INDEMNIFICATION.

If Contractor is a state agency or subdivision, as defined in Subsection 768.28(2), F.S., pursuant

to Subsection 768.28(19), F.S., neither Party indemnifies nor insures the other Party for the

other Party’s negligence. If Contractor is not a state agency or subdivision as defined above,

Contractor shall be fully liable for the actions of its agents, employees, partners, or

subcontractors and shall fully indemnify, defend, and hold harmless the State and the

Commission, and their officers, agents, and employees, from suits, actions, damages, and costs

of every name and description, including attorneys’ fees, arising from or relating to personal

injury and damage to real or personal tangible property alleged to be caused in whole or in part

by Contractor, its agents, employees, partners, or subcontractors, provided, however, that

Contractor shall not indemnify for that portion of any loss or damages proximately caused by

the negligent act or omission of the State or the Commission.

FEDERAL DEBARMENT/SUSPENSION CERTIFICATION FORM

Contractor Federal Certification. In accordance with federal Executive Order 12549, Debarment

and Suspension, Contractor shall agree and certify that neither it, nor its principals, is presently

debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from

participation in this transaction by any Federal department or agency; and, that the Contractor

shall not knowingly enter into any lower tier contract, or other covered transaction, with a

person who is similarly debarred or suspended from participating in this covered transaction.

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Contractor Commission Certification. Upon execution of this Contract by the Contractor, the

Contractor shall complete, sign and return to the Commission’s Contract Manager a completed

copy of Attachment G, “Certifications and Assurances.” This includes the Certification

Regarding Debarment, Suspension, and Other Responsibility Matters.

COMMITMENT OF FUNDS

The State of Florida’s performance and obligation to pay under this Contract is contingent upon

an annual appropriation by the Legislature.

AUTHORIZED COMPENSATION

It is understood and agreed that all compensation under this ITB is specifically limited to the

Contractor’s bid price accepted by the Commission, and to the specific procedure for payment

established in this ITB and the Contract executed pursuant to it. The Commission is not liable

for any costs, fees, expenses or any other compensation whatsoever incurred or charged by the

Contractor, other than the bid price paid for the work specifically described in the Scope of Work,

which work is actually accomplished and invoiced by the Contractor subsequent to the

Commission’s notice to proceed (or other notice to begin work). Thus the Commission is not

liable for any costs incurred or charged by the Contractor in anticipation of responding to, or

performing work described in, this ITB, including but not limited to equipment or personnel

procured by the Contractor in anticipation of such work. The Commission is not responsible to

the Contractor for any loss or damages resulting from circumstances unforeseen at the time of

publication of this ITB including, but not limited to, those resulting from a “force majeure”.

INVOICING

The Contractor shall be paid upon submission of properly certified invoice(s) to the Commission

after delivery and acceptance of commodities or services as expressed in writing by the Contract

Manager. Invoices shall contain detail sufficient for a proper pre-audit and post-audit thereof

and shall contain the purchase order/contract number and the Contractor's Federal Employer

Identification Number or Social Security Number. FAILURE TO SUPPLY INVOICE WHICH

PROPERLY CORRESPONDS TO THE PURCHASE ORDER/WRITTEN AGREEMENT, MAY

DELAY THE CONTRACTOR PAYMENT PROCESS.

PAYMENT OF FUNDS

The Commission shall pay the Contractor for satisfactory goods or services upon submission of

invoices, accompanied by required reports or deliverables, and after acceptance of services and

deliverables in writing by the Commission’s Contract Manager. Each invoice shall include the

Commission Contract Number and the Contractor’s Federal Employer Identification (FEID)

Number. An original invoice and supporting documentation shall be submitted to the

Commission. The Commission shall not provide advance payment. All bills for amounts due

under this Contract shall be submitted in detail sufficient for a proper pre-audit and post-audit

thereof. Invoices shall be submitted to the Accounting Office.

Electronic Funds Transfer (EFT)

The State of Florida can deposit Contractor payments directly into your bank account.

Contractors can register for EFT at

http://www.myfloridacfo.com/aadir/direct_deposit_web/Vendors.htm. Note: Your business name

registered for EFT, must match the name listed in MFMP VIP registration to receive direct

deposit payments. There can only be one (1) financial institution’s account information on file

for one (1) federal tax identification number (SSN or FEIN). Payments cannot be sent to two

(2) or more financial institutions.

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Automated Clearing House (ACH)

To make transaction fee payments, Contractors can register for debit ACH at

http://dms.myflorida.com/business_operations/state_purchasing/myflorida_marketplace/mfmp

_vendors/vendor_toolkit/forms_for_vendors and download the ACH form. Complete the ACH

form and submit it electronically (per the instructions on the form) to the Department of

Management Services to process. Note: Registering for ACH can take up to fourteen (14) days.

PROMPT PAYMENT CLAUSE

Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve

goods and services, unless bid specifications or the P.O. specifies otherwise. With the exception

of payments to health care providers for hospital, medical, or other health care services, if

payment is not available within forty (40) days, measured from the latter of the date the invoice

is received or the goods or services are received, inspected and approved, a separate interest

penalty set by the State Chief Financial Officer pursuant to Section 55.03, F.S., will be due and

payable in addition to the invoice amount. To obtain the applicable interest rate, please contact

the Agency's Fiscal Section at (850) 488-3323 or Purchasing Office at (850) 488-6551. Payments

to health care providers for hospitals, medical or other health care services, shall be made not

more than thirty five (35) days from the date of eligibility for payment is determined, and the

daily interest rate is .03333%. Invoices returned to a Contractor due to preparation errors will

result in a payment delay. Invoice payment requirements do not start until a properly

completed invoice is provided to the agency. A Vendor Ombudsman, whose duties include acting

as an advocate for Contractors who may be experiencing problems in obtaining timely payments

from a State agency, may be contacted at (850) 413-5516.

MYFLORIDAMARKETPLACE

In accordance with Rule 60A-1.030 of the Florida Administrative Code (F.A.C.), each Contractor

doing business with the State for the sale of commodities or contractual services as defined in

Section 287.012, F.S., shall register in the MyFloridaMarketPlace system, unless exempted

under Rule 60A-1.030(3), F.A.C. Information about the registration process is available, and

registration may be completed, at the MyFloridaMarketPlace website (link under Business on

the State portal at www.myflorida.com). Interested persons lacking Internet access may request

assistance from the MyFloridaMarketPlace Customer Service at (866-352-3776) or from State

Purchasing, 4050 Esplanade Way, Suite 300, Tallahassee, Florida 32399.

Transaction Fee. Pursuant to Section 287.057(22), F.S., all payments, unless exempt under Rule

60A-1.030(3), F.A.C., shall be assessed a Transaction Fee of one percent (1.0%), which the

Contractor shall pay to the State. For payments within the State accounting system (Florida

Accounting Information Resource, FLAIR, or its successor), the Transaction Fee shall, when

possible, be automatically deducted from payments to the Contractor. If automatic deduction is

not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C.

By submission of these reports and corresponding payments, Contractor certifies their

correctness. All such reports and payments shall be subject to audit by the State or its designee.

Transaction Fee Credits. The Contractor shall receive a credit for any Transaction Fee paid by

the Contractor for the purchase of any items(s) if such items(s) are returned to the Contractor

through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a

Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the

Contractor’s failure to perform or comply with specifications or requirements of the Contract.

Failure to comply with these requirements shall constitute grounds for declaring the Contractor

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in default and recovering re-procurement costs from the Contractor in addition to all

outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY

BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE.

ADDITIONAL LEGAL REQUIREMENT

All corporations seeking to do business with the State shall, at the time of submitting a bid, be

on file with the Department of State in accordance with provisions of Chapter 607, Florida

Statutes; similarly, partnerships seeking to do business with the State shall, at the time of

submitting such bid, have complied with the applicable provisions of Chapter 620, Florida

Statutes. For further information on required filing and forms, please go to the following sites:

http://www.sunbiz.org/index.html or http://www.dos.state.fl.us/.

USE OF CONTRACT BY OTHER STATE AGENCIES AND ELIGIBLE USERS

As provided in Chapter 60A-1.047, F.A.C., and Section 287.042(16) F.S., other State of Florida

agencies may purchase from the resulting contract of this ITB, provided that the Department of

Management Services has determined the contract’s use is cost effective and in the best interest

of the State, and with the Contractor’s consent.

Other State of Florida governmental entities and eligible users may also request of the

Contractor to be able to use this contract. If the Contractor agrees to other entities to utilize

this ITB contract, such agencies shall coordinate their use of this contract with the Florida Fish

and Wildlife Conservation Commission in order to reduce scheduling conflicts.

PUBLIC RECORDS OF NONGOVERNMENT CONTRACTORS

All records in conjunction with this contract shall be public records and shall be treated in the

same manner as other public records are under Chapter 119, Florida Statutes.

PUBLIC RECORDS

This Contract may be unilaterally canceled by the Commission for refusal by the Contractor to

allow public access to all documents, papers, letters, or other material subject to the provisions

of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with

this Contract, unless exemption for such records is allowable under Florida law.

If the Contractor meets the definition of “Contractor” in Section 119.0701(1)(a) F.S., the

Contractor shall comply with the following:

i. Keep and maintain public records that ordinarily and necessarily would be

required by the Commission in order to perform the service.

ii. Provide the public with access to public records on the same terms and conditions

that the Commission would provide the records and at a cost that does not exceed

the cost provided in Chapter 119, F.S. or as otherwise provided by law.

iii. Ensure that public records that are exempt or confidential and exempt from

public records disclosure requirements are not disclosed except as authorized by

law.

iv. Meet all requirements for retaining public records and transfer, at no cost, to the

Commission all public records in possession of the Contractor upon termination

of the contract and destroy any duplicate public records that are exempt or

confidential and exempt from public records disclosure requirements. All records

stored electronically must be provided to the public agency in a format that is

compatible with the information technology systems of the Commission.

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COOPERATION WITH INSPECTOR GENERAL

Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor,

understand and will comply with their duty to cooperate with the Inspector General in any

investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or

any other authorized State official, the Contractor shall provide any type of information the

Inspector General deems relevant to the Contractor's integrity or responsibility. Such

information may include, but shall not be limited to, the Contractor's business or financial

records, documents, or files of any type or form that refer to or relate to the Purchase Order.

The Contractor shall retain such records for three (3) years after the expiration of the Purchase

Order, or the period required by the General Records Schedules maintained by the Florida

Department of State (available at: http://dos.myflorida.com/library-archives/records-

management/general-records-schedules/), whichever is longer. The Contractor agrees to

reimburse the State for the reasonable costs of investigation incurred by the Inspector General

or other authorized State official for investigations of the Contractor's compliance with the

terms of this or any other agreement between the Contractor and the State which results in the

suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to:

salaries of investigators, including overtime; travel and lodging expenses; and expert witness

and documentary fees.

RECORD KEEPING REQUIREMENTS

Contractor Responsibilities. The Contractor shall maintain accurate books, records, documents

and other evidence that sufficiently and properly reflect all direct and indirect costs of any

nature expended in the performance of this Contract, in accordance with generally accepted

accounting principles.

State Access to Contractor Books, Documents, Papers, and Records. The Contractor shall allow

the Commission, the Chief Financial Officer of the State of Florida, the Auditor General of the

State of Florida, the Florida Office of Program Policy Analysis and Government Accountability

or authorized representatives of the state or federal government to have access to any of

Contractor’s books, documents, papers, and records, including electronic storage media, as they

may relate to this Contract, for the purposes of conducting audits or examinations or making

excerpts or transcriptions.

Contractor Records Retention. Unless otherwise specified in the Scope of Work, these records

shall be maintained for five (5) years following the close of this Contract. Contractor shall

cooperate with the Commission to facilitate the duplication and transfer of such records upon

the Commission’s request.

Contractor Responsibility to Include Records Requirements – Subcontractors. In the event any

work is subcontracted under this Contract, Contractor shall include the aforementioned audit

and record keeping requirements in all subcontract agreements.

Compliance with Federal Funding Accountability and Transparency. Any federal funds

awarded under this Contract must comply with the Federal Funding Accountability and

Transparency Act (FFATA) of 2006. The intent of the FFATA is to empower every American

with the ability to hold the government accountable for each spending decision. The result is to

reduce wasteful spending in the government. The FFATA legislation requires that information

on federal awards (federal financial assistance and expenditures) be made available to the

public via a single, searchable website: www.USASpending.gov. Grant recipients awarded a

new Federal grant greater than or equal to $25,000.00 awarded on or after October 1, 2010 are

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subject to the FFATA. Contractor agrees to provide the information necessary, over the life of

this Contract, for the Commission to comply with this requirement.

CONFIDENTIALITY/PUBLIC RECORDS LAW

Bidders are cautioned that Florida law generously defines what constitutes a public record and

grants broad rights of public access to those records; see, for example, section 119.07 of the

Florida Statutes. If a Bidder believes that its response contains information that is confidential

or exempt from disclosure under Florida Law, the Bidder shall clearly segregate and mark that

information (for example, stamp each page "Confidential" and place it in an envelope marked

"Confidential") and briefly describe in writing the grounds and specific legal citations for

claiming exemption from the public records law. If after the notice of intended decision or thirty

(30) days after bid opening, whichever is earlier, the Commission receives a public records

request related to the solicitation, the Commission will provide copies of public records that are

not exempt to the requester. The Commission will endeavor to provide notice to the Bidder of

all public records requests received related to documents provided by the Bidder that were

marked pursuant to this paragraph. In no event shall the Bidder hold the Commission or any

of its employees or agents liable for disclosing, or otherwise failing to protect the confidentiality

of, information submitted in response to this solicitation.

INTELLECTUAL PROPERTY RIGHTS

Contractor’s Preexisting Intellectual Property (Proprietary) Rights. Unless specifically

addressed otherwise in the Scope of Work, intellectual property rights to the Contractor’s

preexisting property will remain with the Contractor. If Contractor is a state agency or

subdivision, as defined in Subsection 768.28(2), F.S., pursuant to Subsection 768.28(19), F.S.,

neither Party indemnifies nor insures the other Party for or on account of any copyrighted,

patented, or un-patented invention, process or article manufactured or supplied by Contractor.

If Contractor is not a state agency or subdivision as defined above, Contractor shall indemnify

and hold harmless the Commission and its employees from any liability, including costs,

expenses, and attorney’s fees, for or on account of any copyrighted, patented, or un-patented

invention, process or article manufactured or supplied by Contractor.

Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, licensing,

marketing or other authorization related to any intellectual property right created or otherwise

developed by the Contractor under this Contract for the Commission shall be handled in the

manner specified by applicable state statute.

Commission Intellectual Property Rights. Where activities supported by this Contract produce

original writing, data, sound recordings, pictorial reproductions, drawings or other graphic

representation and works of any similar nature, the Commission and the State of Florida have

the unlimited, royalty-free, nonexclusive, irrevocable right to use, duplicate and disclose such

materials in whole or in part, in any manner, for any purpose whatsoever and to have others

acting on behalf of the Commission to do so. If this Contract is supported by federal funds, the

federal awarding agency reserves a royalty-free, nonexclusive and irrevocable right to

reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to

do so.

PROHIBITION AGAINST LOBBYING

The Contractor certifies that no Federal appropriated funds have been paid or will be paid, on

or after December 22, 1989, by or on behalf of the Contractor, to any person for influencing or

attempting to influence an officer or employee of an agency, a Member of Congress, an officer or

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employee of Congress, or an employee of a Member of Congress, in connection with the

awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative

agreement. If any non-Federal funds are used for lobbying activities as described above in

connection with this Contract, the Contractor shall submit Standard Form-LLL, "Disclosure

Form to Report Lobbying", and shall file quarterly updates of any material changes. The

Contractor shall require the language of this certification to be included in all subcontracts, and

all subcontractors shall certify and disclose accordingly.

Pursuant to the Lobbying Disclosure Act of 1995, the Contractor agrees to refrain from entering

into any subcontracts under this Agreement with any organization described in Section 501(c)(4)

of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and

will not, engage in lobbying activities prohibited by the Act as a special condition of the

subcontract.

SEVERABILITY AND CHOICE OF VENUE

This Contract has been delivered in the State of Florida and shall be construed in accordance

with the laws of Florida. Wherever possible, each provision of this Contract shall be interpreted

in such manner as to be effective and valid under applicable law, but if any provision of this

Contract shall be prohibited or invalid under applicable law, such provision shall be ineffective

to the extent of such prohibition or invalidity, without invalidating the remainder of such

provision or the remaining provisions of this Contract. Any action in connection herewith, in

law or equity, shall be brought in Leon County, Florida.

JURY TRIAL WAIVER

As consideration of this Contract, the parties hereby waive trial by jury in any action or

proceeding brought by any party against any other party pertaining to any matter whatsoever

arising out of or in any way connected with this Contract.

FLORIDA EMERGENCY SUPPLIER NETWORK

Suppliers of products and services needed by government during hurricanes and other

emergencies are invited to join a Florida Emergency Supplier Network (FESN). Suppliers will

identify emergency products and services available, emergency contact information, plans to

maintain their operations and supply chain in emergency circumstances, and pricing

arrangements.

This information will be organized and furnished to buyers at State and County Emergency

Operations Centers, and suppliers will be recognized with a certificate identifying their business

as a member of the Florida Emergency Supplier Network. Please go to the following website to

obtain a FESN application and contract:

http://www.dms.myflorida.com/business_operations/state_purchasing/florida_emergency_netw

ork/florida_emergency_supplier_network_fesn

POSTING OF BID TABS

Bid Tabulations with Contractors identified as awarded bidders will be posted electronically as

Agency Decisions on the Department of Management Services Vendor Bid System as a Public

Notice. The Agency Decision may be viewed at the following site, and will remain posted for a

period of 72 hours. Failure to file a protest within the time prescribed in Section 120.57(3)(b),

Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes:

http://vbs.dms.state.fl.us/vbs/main_menu.

Rev. 10/2015 FWC 15/16-098, Page 23 of 61

Awarded Bidders are instructed not to proceed until a Purchase Order, Formal Written

Contract, Lease, Notice to Proceed, or some other form of written notice is given to the

Contractor by the Commission. A company or person who proceeds prior to receiving a Purchase

Order, Formal Written Contract, Lease, Notice to Proceed, or some other form of written notice

from the Commission does so without a contract and at their own risk.

Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation

are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the

agency provides notice of an intended decision or until thirty (30) days after opening the bids,

proposals, or final replies, whichever is earlier.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Rev. 10/2015 FWC 15/16-098, Page 24 of 61

FWC 15/16-098

SCOPE OF WORK

BIG BEND TIMBER ASSESSMENT PROJECT

Purpose: The intent of this bid is to obtain competitive pricing for professional forestry services

contractors to conduct an inventory of pine timber on approximately 6,000 acres, which

incorporate approximately 5,000 acres of pinelands, on the Big Bend Wildlife Management

Area (BBWMA), per the specifications contained herein. In addition, F lo r id a Fish and

Wi ld l i f e Co nser vat ion Comm iss io n ( FWC) is requesting the selected contractor

(Contractor) to offer management recommendations to meet a set of objectives listed below, per

the specifications of the Scope of Work (SOW). The a p p r o x i m a t e boundaries and locations

of all timber that will be inventoried are depicted in Figures 4, 6, and 8. A stand is

p r i m a r i l y comprised of upland pine timber types that have been defined based o n

mapping of current and historic natural community types within existing prescribed burn

boundaries. The FWC estimates that the Contractor will need to compile approximately

130+/- individual stand reports to complete the project. The final deliverables and invoicing

are due by June 10, 2016 at the latest.

Pre-bid Conference: A mandatory pre-bid conference will be held at the BBWMA Field Office at 663

Plantation Road in Perry, Florida 32348 (see Figures 1 and 2) on the date and time specified in the

Calendar of Events (Page 2).

A. Project Location:

1. Access to the Snipe Island Unit of the BBWMA is by Hwy 98 to CR 14 south to Snipe

Island Grade or by Hwy 98 to Mandalay Road, south to LOP&G Road (See Figure 1

& 3).

2. Access to the Hickory Mound Unit is by Cow Creek Grade, approximately 17 miles

west of Perry, Florida via U.S. Hwy. 98, or by County Road 14, approximately 20

miles west of Perry, Florida via U.S. Hwy. 98 (See Figure 1 & 5).

3. Access to the Spring Creek Unit of the BBWMA is by way of County Road 356,

approximately 5 miles west of Perry, Florida on U.S. Hwy. 98, or by County Road

361A, approximately 14 miles south of Perry (See Figure 1 & 7).

B. Project Objectives

1. Long-term Management Objective: FWC’s primary objective governing the

management of the timber resources on the Snipe Island, Hickory Mound, and Spring

Creek Units is to create or restore self-sustaining, naturally regenerating upland pine

communities including the range of flatwoods and sandhill communities dominated

by an overstory of either slash pine, (Pinus ellioti), loblolly pine (Pinus taeda),

longleaf pine (Pinus palustris), or a combination of tree species, depending on soils

and other factors, that will be returned to the historic community type designation

and managed for the benefit of the suite of wildlife species native to these community

types. Certain timber stands in the Hickory Mound Unit will be restored to historical

hydric hammock or mesic hammock from pine plantation and will be inventoried to

determine the volumes of timber that can be realized during the restoration process.

In addition, stands on the Spring Creek Unit that are currently planted in sand pine

will be restored to historical sandhill community conditions and will be inventoried

Rev. 10/2015 FWC 15/16-098, Page 25 of 61

but not included in the timber management plan (stands are designated SC-15s

through SC-15j on the timber stand map).

2. Short-term Management Objective: FWC’s immediate objectives are:

a. to develop a plan to thin each stand in a group

b. determine the silvicultural method of thinning whether a selective, seed tree, or

shelterwood cut to maximize timber revenues to the extent possible from existing

trees while meeting FWC’s long-term management objective above

c. to thin stands to remove plantation style row conditions and promote growth,

create conditions where the stand can be burned on a 2-3 year rotation

d. to open the canopy to allow the development of a healthy groundcover layer or

underplanting of longleaf pine in stands where longleaf pine would have naturally

occurred.

e. to achieve the following Desired Future Conditions (DFCs) as a result of FWC’s

management actions while following the recommendations of the plan:

i. Wet flatwoods DFCs: Our goal is to thin each stand to achieve a basal area of

10 to 30 square feet per acre of slash or loblolly pine, maintain an uneven age,

reverse “J” distribution including natural regeneration, and open the

overstory canopy to enable a diverse ground cover layer of vegetation

maintained by prescribed burning.

ii. Mesic flatwoods DFCs: We want to conduct multiple thinnings within each

stand to achieve a basal area of 20 to 70 square feet per acre of slash pine

(including a mixture of longleaf pine in stands where a mixture would have

naturally occurred), maintain an uneven age, reverse “J” distribution

including natural regeneration, and open the overstory canopy to enable a

diverse ground cover layer of vegetation maintained by prescribed burning.

iii. Scrubby flatwoods DFCs: FWC wants to thin each stand to a basal area of 20

to 60 square feet per acre of mixed slash and longleaf pine over multiple

thinnings, maintain an uneven age, reverse “J” distribution, and open the

overstory canopy to enable a diverse ground cover layer of vegetation

maintained by prescribed burning.

iv. Sandhill DFCs: FWC wants to restore each stand to a basal area of 20 to 40

square feet per acre of longleaf pine through multiple phased plantings.

Certain pine stands occur on historic sandhill which currently consist of slash

pine and we want to transition those stands from slash pine to longleaf pine,

while allowing sufficient needlecast or other fuels to maintain prescribed

burning. Our goal in both instances is to create an uneven age, reverse “J”

distribution of trees, and maintain an open overstory canopy to enable a

diverse ground cover layer of vegetation maintained by prescribed burning.

3. Adaptive Management: The timber management plan developed as part of this

Contract should present a management strategy including thinning, burning, and

underplanting designed to achieve the objectives stated above by stand or groups of

similar stands, in 5 year planning increments over a 20 year period.

C. Deliverables:

1. Shapefile of Snipe Island, Hickory Mound, and Spring Creek Timber Stands. The

Contractor will create the stand polygon shapefile by superimposing the timber stand

shapefile provided by FWC over the 2013 (or more recent) Digitalphoto Orthoquads

(DOQQs) for the Snipe Island, Hickory Mound, and Spring Creek units respectively,

Rev. 10/2015 FWC 15/16-098, Page 26 of 61

and manually digitizing the stand boundaries based upon the obvious change in

vegetation type represented in the DOQQ or based on field observations, to increase

the accuracy of stand boundaries. All wetlands, roads, and non-pine communities

comprising an area greater than 5 acres will be excluded from the stand shapefile

and from the total acreage calculated for each stand. The Contractor will be provided

an ESRI shapefile of mapped timber stands for the area (Florida Modified Albers

Projection; North American 1983 HARN datum). A stand polygon shapefile shall be

created by the Contractor and provided to FWC at the completion of the project;

stands will be named with a stand identifying number (e.g. SI-xxx, HM-xxx,

RESTORExxx, or SC-xxx) identical to the designations listed as “Burn_Unit” for

Snipe Island and “UNITCODE” for Hickory Mound and Spring Creek in the attribute

table of the shapefiles provided to the Contractor.

2. A report compiling data with the statistical analyses of results. A statistical analysis

of the total cruise by species and product class must be included and shall provide

basal area and volume for all merchantable stands (see stand definition outlined

on map and described in the “General” section above). The analysis summary shall,

at a minimum, include total weight in tons by product class with associated

standard statistical metrics, including confidence interval statistics at the 66% level

of accuracy for pine products according to the Florida Forest Service (FFS) standard

for timber inventory estimates.

3. A forest inventory report. The Contractor shall provide FWC with a forest inventory

report listing stand and stock tables that summarize and display tree data for

each stand and detail of pine timber volumes into product classes, e.g., pulpwood,

chip and saw, sawtimber, poles, etc. for each merchantable stand. The stands labeled

“RESTORE1-5” on Hickory Mound will also include inventories of merchantable

hardwoods in hardwood pulp and hardwood sawtimber, and cypress in cypress mulch

and cypress sawtimber categories.

4. Management recommendations for each stand based upon soil type, natural

community composition, hydrology, and existing structure and composition of pine

stands. The management recommendations shall be built into the attribute table as

Look-up or Linked Files, for each stand shapefile provided by the Contractor and

must include:

a. Whether the dominant pine species of the stand should be left as slash pine

(Pinus ellioti), or loblolly pine (Pinus taeda), should be managed to transition to

longleaf pine (Pinus palustris), or managed as a mixture of the two or three

species. It will not be necessary to provide management recommendations on

those stands within the Spring Creek Unit that are currently planned in sand

pine (Pinus clausa) as these stands will be included in a separate upland

restoration management plan (stands are designated as SC15a through SC15j

on the timber stand map).

b. A management recommendation in 5 year increments, over a 20 year time span,

indicating when the stand should be thinned, what silvicultural thinning

strategy is recommended, and a description of any planting strategies or

requirements to move the stand toward achieving the overall short and long

term management objectives described in Section B above.

Rev. 10/2015 FWC 15/16-098, Page 27 of 61

D. Contractor Requirements

1. Contractor must have the capability to supply all equipment and personnel

necessary to complete a Forest Inventory to the specifications stated herein. Sub-

contractors, if used, must be identified during the bid process and provide

documentation of their experience conducting forest inventory services and the types

of equipment they have available to conduct forest inventory on FWC lands.

2. The Contractor will be required to document and furnish the following items:

a. All necessary equipment needed to conduct forest inventory services, especially

ArcView 9x/10x, ArcPad RTI and TCruise software (both desktop and handheld

versions) for the FWC. NOTE: ArcView 9x/10x, ArcPad RTI and TCruise

software (both desktop and handheld versions) are a requirement for all forest

inventory data collection on this project.

b. All necessary safety and personal protection equipment (PPE) needed for

conducting forest inventory services on FWC lands including, but not limited to,

leather boots, leather gloves, chaps, eye protection, etc.

c. Hand held equipment as is necessary to conduct forest inventory services on

FWC lands, such as, loggers tape, DBH tape, compass, clinometer, electronic

data recording instruments (see a. above), GPS, machete, communicators, etc.

3. The Contractor must provide the services of a qualified forester, certified through the

Society of American Foresters or a member of the Association of Consulting Foresters,

who must approve the sampling design, oversee the data collection protocols, review

and approve the statistical analyses generated, and generate management

recommendations for the project.

4. The Contractor must provide data loggers uploaded with TCruise software that will

accept a standard profile for the sample area used by FFS for conducting inventory and

generating volume estimates of the classes of merchantable timber.

5. The Contractor must provide references of at least three governmental agencies for

which similar work was completed in the last 5 years, or alternatively, the names of at

least 3 private landowners for whom timber assessments have been completed on a

minimum of 1,000 acres of timber stands per inventory.

6. The Contractor must provide sufficient staff to complete all work and draft reports by

June 1, 2016, to allow FWC staff time to review reports and the contractor to address

issues in the report such that invoices can be submitted and approved by June 10, 2016

such that payment can be made prior to the end of the fiscal year.

E. Sampling

1. The Contractor will sample the Snipe Island, Hickory Mound, and Spring Creek

Units on a 5 x 10 chain (1 chain = 66 feet) grid across all forested acres, with

a minimum of one plot per five acres. The Contractor will sample a maximum of 30 plots

per stand in stands over 150 acres in size. All merchantable inventory will be sampled

using a 10-Basal Area Factor (BAF) prism in thinned stands or a 20-BAF prism

in unthinned planted pine stands. The same BAF factor prism must be used

within the same stand. T h e Contractor will report statistical confidence on the

stand and management unit levels based on total tons and tons by product class.

Rev. 10/2015 FWC 15/16-098, Page 28 of 61

2. The inventory cruise data should conform to a 66% confidence interval with a 20%

standard error.

F. Forest Inventory Technical Specifications

1. All merchantable p i n e timber in all sample locations shall have the diameter

at breast height (DBH) tallied. DBHs shall be tallied in all pre-merchantable sample

locations where tree height exceeds 8 feet, as 8 feet is the minimum height

for TCruise . DBHs will be tallied in one (1) inch diameter classes (e.g., 5” =

4.56” to 5.55”; 6” = 5.56” to 6.55”, etc.). The minimum DBH for merchantable timber

will be 4.6 inches. In Hickory Mound stands labeled as RESTORE1-5, hardwoods

and cypress trees shall be tallied as well, according to standard product category

measurements (See Section I).

2. To record diameter, the Contractor shall first measure the exact diameter using a

diameter tape. For consistency, measure on the uphill side of the tree at 4.5’ from

the ground. If a defect or knot occurs at breast level, measure just above the defect

or knot. The Contractor shall always measure trees on the diameter class border

(0.4, 0.5, or 0.6 inch) more than one time to ensure you have the correct

measurement. The difference of a 5.5” or a 5.6” tree is 1 diameter class. (5.5” is a 5

inch tree, 5.6” would be a 6 inch tree).

3. The Contractor shall tally tree heights on all merchantable pine trees and

hardwoods and cypress in the Hickory Mound RESTORE stands. Tree heights will

be measured and tallied in one (1) foot increments. Merchantable heights will be

tallied to the nearest merchantable length based on product specifications outlined

in Section I of this Scope of Work and the taper function in TCruise that is built in

by product class. Total tree height will also be measured.

4. On each volume plot, regeneration shall be recorded. For each species, the

Contractor shall count any seedlings that occur within an 11.8 foot (1/100th acre)

radius and mark on the same tally as the tree tally. Use the “r” code and 0.1 in the

diameter column. Only code species and tree count for seedlings. Seedling counts

under 10 should be exact, and counts over 10 can be estimated to save on time. Use

a 1/100th acre (11.8 foot) radius circle and count every pine seedling in this circle

that is at least one foot high and up to 1 inch diameter. For Longleaf pines, count

any seedling that is still in the grass stage, up to a 1” diameter.

5. Saplings are between 1.0 and 4.5 inches DBH, shall be rounded to the nearest inch

and entered on normal volume cruises if they are in the normal 11.8’ (1/100th acre)

regeneration plot. If saplings are measured on a plot, an estimated height will be

given for each entry. Do not code an ‘r’ for regeneration for saplings, treat them as if

they are a normal tally tree and record only diameter, species and estimated total

height.

G. Site Index Measurements

On every 5th sample location, the first dominant or co-dominant pine tree to the right

of the cruise line shall be selected as the Site Index (SI) tree. Total height and age

(based on increment boring) shall be recorded along with species. Three years shall

be added to the boring age to account for height growth to DBH. Bark thickness and

Rev. 10/2015 FWC 15/16-098, Page 29 of 61

the growth increment for the last ten years will be measured in tenths of an

inch. If no merchantable trees are present on the 5th sample location, the next

available sample location shall be selected as the SI sample location. Contractor

shall make sure a minimum of five SI trees are measured in each pine stand having

plots in them. All the SI trees have to be the same species per stand.

H. Sample location Size and Type

Merchantable timber shall be sampled with variable radius sample locations using a 10

or 20 BAF prism, depending upon stand characteristics. Ideally for inventory plots, it is

desirable to measure anywhere from 6-10 trees per plot. The Contractor shall use a 10

BAF prism except in unthinned stands in which it will be acceptable to use a 20 BAF

prism. It will not be necessary to inventory hardwoods or cypress that occur within or at

the perimeter of a stand with the exception of the stands labeled “RESTORE1-5 in

Hickory Mound, in which all merchantable hardwoods and cypress shall be included in

the inventory.

I. Product Specifications The Contractor shall identify and include in the report the DBH and height classes

associated with each pine species (Pine Species Codes to be used: LL = longleaf pine;

SA = slash pine; PU = sand pine; LP = loblolly pine), cypress species (Cypress Species

Codes to be used: BY = bald cypress; PC = pond cypress), and hardwood species (see

Attachment B) product class based on the market in which the subject property is

located. Depending on local markets, the Contractor shall designate product classes

which may include, but are not limited to, the following:

1. Pine Pulpwood – Tally all trees in this product class that do not qualify for pine

sawtimber or chip-n-saw. Pine pulpwood is defined as trees with a minimum of 4.6”

dbh and at least one 16’ log up to a 3” top diameter, measured outside the bark. Pine

topwood volume should be included as pine pulpwood in the cruise summary,

but not used in the statistical analysis for pulpwood. Sand pine in this product class

will be designated as “pulpwood/mulchwood” to allow flexibility in the marketing of

the wood.

2. Pine Chip-N-Saw – Tally all trees that are in this product class that are free of

all defects such as cankers, excessive sweep or limbs, ring knots or forks. Chip-N-

Saw timber is defined as those trees 8.6”-11.5” dbh and a minimum of 24’ of length

to a 6” top diameter measured outside the bark.

3. Pine Sawtimber - Tally all trees that are in this product class that are free of all

defects such as cankers, excessive sweep or limbs, ring knots, forks, etc. Pine

Sawtimber is defined as 11.6” dbh and up, with a minimum length of 16’ to an

8” top diameter outside the bark.

4. Hardwood pulpwood - Tally all trees that are in this product class that are free of

all defects such as cankers, excessive sweep or limbs, ring knots, forks, etc.

Hardwood pulpwood is defined as 5”, nominally 6”, dbh with up to at least one 16’

log with a 4” top diameter outside of the bark.

5. Hardwood sawtimber - Tally all trees that are in this product class that are free of

all defects such as cankers, excessive sweep or limbs, ring knots, forks, etc.

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Hardwood pulpwood is defined as 13.1”, nominally 14”, dbh with up to at least one

16’ log with a 10” top diameter outside of the bark free of defects.

6. Cypress mulch – Cypress mulch is defined as 5” dbh with at least one 16’ log with a

4” top diameter outside of the bark.

7. Cypress sawtimber – Cypress sawtimber is defined as 11.1” dbh and up with at least

one 16’ log with a top diameter of 8” outside of the bark.

8. TCruise auto assigns products based on the diameter of the tree. The Contractor

will need to downgrade a tree if it does not make the product which its diameter

qualifies it for. Example: A 12 inch sand pine would be AA (auto assigned) a

Sawtimber tree, but you know it is going to be used as pulpwood, you would have to

downgrade the product to pulpwood. You can specify that all sand pine be classified

as pulpwood in the specs tab of TCruise. You should also look at two sides of each

tally tree to notice any excessive sweep or crook which would cause the trees product

to be downgraded to pulpwood. A good rule of thumb for sweep or crook is no more

than 3 inches in a log of sweep, or no sweep in two directions. For example, if a tree

sweeps to the right, then 10 feet up it sweeps back to the left, that tree should be

downgraded if the sweep is pronounced.

9. If there is a defect or abnormality which would necessitate lowering the top diameter

from 8” in sawtimber trees and 6” in chip N saw trees, there is a code in TCruise

which is only entered if the top diameter of the sawtimber portion of a tree needs to

be lowered. Enter a code of Hs equal to the height of the true top of the sawtimber

height. This will tell TCruise to lower the normal sawtimber cutoff to the height

you give it.

10. Hp is a code in TCruise which is only entered if the top merchantable portion of a

pulpwood pine does not go up to the normal 3 inch top. This will not happen often,

but could happen if a tree has a broken top at 5 inches. Instead of the program

calculating non-existent wood (broken top between 5 and 3 inches) the contractor

would code the height at which the merchantability of the tree stops, telling TCruise

not to calculate pulpwood above this point. Hp is therefore used instead of Ht (total

height). Also record a Tm, which is the diameter at which the pulpwood stops.

J. Inventory Field Check Specifications & Procedures

Prior to payment to the Contractor, FWC staff will conduct two levels of data checks.

1. The first will be a desk review of the Contractor’s pine forest inventory data for any

errors or omissions in the inventory or spatial data. If errors or omissions are present

that data will be returned to the Contractor for correction or in serious cases, to be

inventoried again.

2. In addition to the desk review, FWC reserves the right to conduct a field “check

cruise”. A check cruise will consist of an on-site inspection of randomly selected

inventoried plots to verify that the Contractor has met FWC’s required minimum

field check specifications. The field check cruise will be conducted initially on a spot

basis of the sample points visited during all phases of the inventory. Any plots taken

in the field may be checked by FWC. Using the same GIS plot locations from the

initial sample, FWC staff will navigate to the original plot locations. During the field

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check, the plot will be tallied according to the contract specifications. Plot by plot

comparisons can then be made at any time after the field check is completed

according to the following. Check plot field measurements that deviate from the

Contractor’s field measurements by more than 5% may warrant additional check

plots and corrective action by the Contractor. Critical attributes of the field work to

be verified in a check plot include plot location and flagging, dbh and tree height

measurements, stem counts of merchantable timber classes, and marking of site

index trees.

K. Stand and Stock Tables Stand, stock, and volume tables and all conversion factors used must conform to FFS

standards in the report and must be based on outside bark measurements. Reports

will be compiled as follows:

1. Merchantable Timber - Data for all merchantable timber must be summarized in

stand and stock tables for each stand to include at least the following:

a. Stems per acre by pine, hardwood, or cypress species, as appropriate, and DBH

class

b. Total number of stems

c. Volume per acre by species and DBH class

d. Total volume by species and DBH class

e. Volume by product class and species

f. Basal area by species

g. Age by species

h. Height

i. Five-year radial growth

2. Pre-Merchantable Timber (Pine Only) - Pre-merchantable regeneration reporting

requirements shall minimally include:

a. Seedling stems per acre by pine species

b. Sapling stems per acre by pine species

c. Free-to-grow timber of Longleaf pine only. Free-to-grow means that a tree has a

good chance of outgrowing competing grass and brush to become part of a

vigorous, healthy forest. The report of free-to-grow regeneration should include

the number of stems per acre of Longleaf pine.

L. Sample location Marking Proper sample location and line identification is required for field check-cruise

verification. All sample location plot centers will be marked and locations will be

recorded with GPS unit with sub-meter precision. For each plot center, mark the center

of the plot with a piece of flagging on the ground, along with a piece of flagging tied eye

level with the knot facing plot center on a nearby branch or tree. For the flagging on

the ground, partially bury one end of the flagging with a cruising staff or a stick; the

spot the flagging is buried will represent the actual plot center. On the eye level piece

of flagging, write the stand and point number and cruiser initials with a black

permanent marker. The first tallied tree, generally the tree closest to sample location

center will be flagged with the remaining tallied trees listed in clockwise order. If SI

data is taken on that sample location, the cruiser will write SI on the flagging placed

on the bored tree. It is not necessary to flag the beginning and ending of each cruise

line where they cross roads or trails.

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M. Tally Records and Cruise Maps Separate tally records for each tree must be maintained and numbered for each

sample location. An accurate and detailed digital map, as well as a GIS shapefile, must

be provided identifying sample location numbers.

N. Cruise Method

The cruise will only use a systematic sample location cruising method. Cruise lines

will be 10 chains apart and sample locations will be located every 5 chains along

lines to achieve the desired sample of one location per 5 acres with a maximum of 30

locations per stand. A description of the method of cruise should be included in the

report.

O. Data and Report Format Standards

1. The spatial vector data must conform to the following

projection parameters:

a. Projection: Florida Modified Albers

b. Units: Meters

c. Datum: D_North_American_1983_HARN

d. Spheroid: GRS_1980

e. 1st standard parallel: 24.000000

f. 2nd standard parallel: 31.500000

g. Central meridian: -84.000000

h. Latitude of origin: 24.000000

i. False easting (meters): 400000.000000

j. False northing (meters): 0.000000

2. Files shall be in shapefile format. Sample locations as well as identification of SI

sample locations will be provided in GIS shapefile to the FWC Project Manager.

3. The attribute tables that are associated with each individual shapefile shall be

completed as detailed in contract specifications and remain associated with the

shapefile.

4. All collected data for the Snipe Is land, Hickory Mound, and Spring

Creek Units shall be formatted onto two copies of a USB Thumb Drive that is

downloadable using ArcGIS 10.0 or higher.

P. Timber Management Plan – The Contractor shall produce a 20 year timber management

plan in 5 year increments for timber stands on both the 1,315 +/- acres on Snipe Island,

277 +/- acres on Hickory Mound, and the 4,027 +/- acres on the Spring Creek Unit of

BBWMA that will be included in the stand shapefile attribute table as a Look-up or

Linked File. Management plans for the stands labeled “RESTORE1-5” in the Hickory

Mound Unit and all stands of sand pine plantation within the Spring Creek Unit (SC-

15a through SC-15j on the timber stand map) are not required.

1. The Management Plan should be based upon:

a. Property description

b. Pine Species Suitability by community type given climatic and geographical

location

c. Soils

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d. Hydrology

e. Current conditions by stand or groups of similar stands

f. Species of dominant timber type

g. Timber cruise and inventory

h. Site index by unit

i. Data Provided By FFWCC

i. Current and historical natural community ArcGIS layer

ii. Timber Stand ArcGIS layer

j. Management Unit History spreadsheet-to be provided by FWC staff

i. Years planted

ii. Years thinned

iii. Years burned

iv. Years of applied mechanical treatments-mowing or rollerchopping

Q. Silviculture Recommendations:

1. Pine stand dominant species recommendations shall include whether the stand

should ultimately be composed primarily of longleaf pine, of slash pine, loblolly pine,

or a combination of longleaf, slash pine, and/or loblolly pine.

2. For those stands that are recommended to transition from slash pine to longleaf pine

or to a combination of slash, loblolly, and longleaf pine, then develop a 20 year

management plan in 5 year increments recommending the thinning schedules and

silviculture methods to achieve the objectives stated in Section B above.

3. For stands that are recommended to remain as they are, with slash pine or loblolly

as the dominant species, then the plan should state when the next thinning should

be scheduled and the silvicultural method recommended to address Objective 2 and

3 under Section B above.

R. Payment:

1. During this project and at the discretion of the FWC, partial payments can be made

upon satisfactory completion of individual job components as determined by the FWC

Project Manager and submission of a Certificate of Partial Payment (Attachment H).

Payments will be made after each job has been verified and has been performed to

the satisfaction of the FWC. For final payment, a notarized “Certificate of Contract

Completion” (Attachment D) must be submitted by the Contractor with the invoice

to the FWC Project Manager for approval and authorization.

2. The bid price shall include mobilization and transportation of all necessary

equipment to and from the work sites.

3. Payment will be based upon the receipt of the deliverables in accordance with the

specifications contained herein, to be determined by the FWC Project Manager or

designee. Any questions regarding the specifications and expectations for each

deliverable shall be resolved with FWC Project Manager before the Contractor

commences operations.

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Rev. 10/2015 FWC 15/16-098, Page 34 of 61

Figure 1. Big Bend Wildlife Management Area showing the five units in relation to major

roads and the city of Perry.

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Figure 2. Location of mandatory pre-bid meeting at BBWMA Field Office, 663 Plantation Rd.,

Perry, Florida.

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Figure 3. Map of the Snipe Island Unit showing primary roads and walking trails.

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Figure 4. Map of the Snipe Island Unit showing timber stands in relation to unit roads.

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Figure 5. Map of the Hickory Mound Unit showing unit roads.

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Figure 6. Map of the Hickory Mound Unit showing timber stands in relation to major roads.

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Figure 7. Map of the Spring Creek Unit showing showing major roads.

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Figure 8. Map of the Spring Creek Unit showing timber stands in relation to major roads.

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Exhibit I. T Cruise Codes for Tree Species

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FWC 15/16-098

ATTACHMENT A

FWC Purchase Order Terms and Conditions

INSTRUCTIONS AND CONDITIONS

Section 1: Purchase Order

A. Composition and Priority

The Contractor agrees to provide commodities or contractual services to the Agency within the

manner and at the location specified in the Purchase Order, and any attachments to the Purchase

Order. These Purchase Order Terms and Conditions, whether generic or specific, shall take

precedence over any inconsistent or conflicting provision in the State of Florida, General Contract

Conditions, PUR 1000. Additionally, the terms of the Purchase Order supersede the terms of any

and all prior agreements with respect to this purchase.

B. Initial Term

Unless otherwise specified, the Purchase Order begins on the date of issuance. Contractual services

or commodities to be provided by the Contractor shall be completed by the date specified on the

Purchase Order end date.

Section 2. Performance

A. Performance Standards

The Contractor agrees to perform all tasks and provide deliverables as set forth in the Statement

of Work and attachments to the Purchase Order. The Agency shall be entitled at all times, upon

request, to be advised as to the status of work being done by the Contractor and of the details

thereof. Coordination shall be maintained by the Contractor with representatives of the Agency,

or of other agencies involved in the project on behalf of the Agency.

B. Performance Deficiency

If the Agency determines that the performance of the Contractor is unsatisfactory, the Agency may

notify the Contractor of the deficiency to be corrected, which correction shall be made within a

time‐frame specified by the Agency. The Contractor shall provide the Agency with a corrective

action plan describing how the Contractor will address all issues of contract non‐performance,

unacceptable performance, and failure to meet the minimum performance levels, deliverable

deficiencies, or contract non‐compliance. If the corrective action plan is unacceptable to the Agency,

the Contractor will be assessed a non‐performance retainage equivalent to 10% of the total invoice

amount or as specified in the contractual documents. The retainage will be applied to the invoice

for the then‐current billing period. The retainage will be withheld until the Contractor resolves the

deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Agency for

the retained amount during the next billing period. If the Contractor is unable to resolve the

deficiency, the funds retained will be forfeited.

Section 3. Payment and Fees

A. Payment Invoicing

The Contractor will be paid upon submission of properly certified invoice(s) to the Agency after

delivery and acceptance of commodities or contractual services is confirmed in writing by the

Agency. Invoices shall contain detail sufficient for audit thereof and shall contain the Purchase

Order and the Contractor’s Federal Employer Identification Number or Social Security Number.

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B. Payment Timeframe

Section 215.422, Florida Statutes (F.S.), provides that agencies have five (5) working days to

inspect and approve commodities or contractual services. Items may be tested for compliance with

specifications. Items delivered not conforming to specifications may be rejected and returned at the

Contractor’s expense. Interest penalties for late payment are also provided for in section 215.422,

F.S. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be

experiencing problems obtaining timely payment(s) from an Agency, may be contacted at 850‐413‐5516, or Vendors may call the State Comptroller’s Hotline at 1‐800‐848‐3792. With the exception

of payments to health care providers for hospital, medical, or other health care services, if payment

is not available within 40 days, measured from the latter of the date the invoice is received or the

commodities or services are received, inspected, and approved, a separate interest penalty set by

the DFS pursuant to subsection 55.03(1), F.S. will be due and payable in addition to the invoice

amount. Payments to health care providers for hospitals, medical or other health care services,

shall be made not more than 35 days from the date of the eligibility for payment is determined,

and the daily interest rate is .03333%. Invoice payment requirements do not start until a properly

completed invoice is provided to the Commission. Invoices returned to a vendor due to preparation

errors will result in a payment delay. The State of Florida is not required to pay direct Federal

Excise and State taxes on services or commodities purchased.

C. MyFloridaMarketPlace Fees

The following language is included pursuant to rule 60A‐1.031, Florida Administrative Code: The

State of Florida, through the Department of Management Services, has instituted

MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida

Statutes. Payments issued by Agencies or Eligible Users to Vendors for purchases of commodities

or contractual services are subject to Transaction Fees, as prescribed by rule 60A‐1.031, Florida

Administrative Code, or as may otherwise be established by law. Vendors shall submit monthly

reports required by the rule. All reports shall be subject to audit. Failure to pay Transaction Fees

or submit reports shall constitute grounds for default and exclusion from business with the State

of Florida.

D. Payment Audit

Records of costs incurred under terms of the Purchase Order shall be maintained and made

available to the Agency upon request at all times during the period of the Purchase Order, and for

a period of three years thereafter. Records of costs incurred shall include the Contractor’s general

accounting records, together with supporting documents and records of the Contractor and all

subcontractors performing work, and all other records of the Contractor and subcontractors

considered necessary by the Agency for audit.

E. Annual Appropriation and Travel

Pursuant to section 287.0582, F.S., if the Purchase Order binds the State or an executive agency

for the purchase of services or tangible personal property for a period in excess of one (1) fiscal

year, the State of Florida's performance and obligation to pay under this contract is contingent

upon an annual appropriation by the Legislature. Travel expenses are not reimbursable unless

specifically authorized in writing, and shall be reimbursed only in accordance with section 112.061,

F.S.

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Section 4. Liability

A. Indemnity

To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the

State of Florida, its officers, employees and agents harmless from all fines, claims, assessments,

suits, judgments, or damages, consequential or otherwise, including court costs and attorney’s fees,

arising out of any acts, actions, breaches, neglect or omissions of the Contractor, its employees,

agents, subcontractors, assignees or delegates related to the Purchase Order, as well as for any

determination arising out of or related to the Purchase Order, that the Contractor or Contractor’s

employees, agents, subcontractors, assignees or delegates are not independent contractors in

relation to the Agency. The Purchase Order does not constitute a waiver of sovereign immunity or

consent by the Agency or the State of Florida or its subdivisions to suit by third parties.

B. Payment for Claims

The Contractor guarantees the payment of all just claims for materials, supplies, tools, or labor

and other just claims against the Contractor or any employee, agent, subcontractor, assignee or

delegate in connection with the Purchase Order.

C. Liability Insurance

The Contractor shall maintain insurance sufficient to adequately protect the Agency from any and

all liability and property damage/hazards which may result from the performance of the Purchase

Order. All insurance shall be with insurers qualified and duly licensed to transact business in the

State of Florida. If required by the Agency and prior to commencing any work the Contractor shall

provide Certification(s) of Insurance evidencing that all appropriate coverage is in full force and

showing the Agency to be an additional insured.

D. Workers’ Compensation

The Contractor shall maintain Workers’ Compensation insurance as required under the Florida

Workers’ Compensation Law. Unless otherwise prohibited by law, the Agency may require the

Contractor to furnish, without additional cost to the Agency, a performance bond or irrevocable

letter of credit or other form of security for the satisfactory performance of work hereunder. The

Agency shall determine the type and amount of security.

Section 5. Compliance with Laws

A. Conduct of Business

The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements

that are applicable to the conduct of its business, including those of federal, state, and local

agencies having jurisdiction and authority. For example, the Contractor shall comply with Section

247A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health

Insurance Portability and Accountability Act, and all prohibitions against discrimination on the

basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status.

Pursuant to subsection 287.058(1), F.S., the provisions of subparagraphs 287.058(1)(a)(c), and (g),

F.S., are hereby incorporated by reference, to the extent applicable.

B. Lobbying

In accordance with sections 11.062 and 216.347, F.S., the Purchase Order funds are not for the

purpose of lobbying the Legislature, the judicial branch, or an Agency. Pursuant to subsection

287.058(6), F.S., the Purchase Order does not prohibit the Contractor from lobbying the executive

or legislative branch concerning the scope of services, performance, term, or compensation

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regarding the Purchase Order, after the Purchase Order’s execution and during the Purchase

Order’s term.

C. Gratuities

The Contractor shall not, in connection with this or any other agreement with the State, directly

or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any

State officer or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or

violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for

the benefit of, or at the direction or request of, any State officer or employee.

D. Cooperation with Inspector General

Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor,

understand and will comply with their duty to cooperate with the Inspector General in any

investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any

other authorized State official, the Contractor shall provide any type of information the Inspector

General deems relevant to the Contractor's integrity or responsibility. Such information may

include, but shall not be limited to, the Contractor's business or financial records, documents, or

files of any type or form that refer to or relate to the Purchase Order. The Contractor shall retain

such records for three (3) years after the expiration of the Purchase Order, or the period required

by the General Records Schedules maintained by the Florida Department of State (available at:

http://dos.myflorida.com/library‐archives/records‐management/general‐recordsschedules/),

whichever is longer. The Contractor agrees to reimburse the State for the reasonable costs of

investigation incurred by the Inspector General or other authorized State official for investigations

of the Contractor's compliance with the terms of this or any other agreement between the

Contractor and the State which results in the suspension or debarment of the Contractor. Such

costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel

and lodging expenses; and expert witness and documentary fees.

E. Public Records

To the extent required by the Florida Public Records Act, Chapter 119, F.S., the Contractor shall

maintain and allow access to public records made or received in conjunction with the Purchase

Order. The Purchase Order may be terminated for cause by the Agency for the Contractor's refusal

to allow access to public records.

F. Communications and Confidentiality

The Contractor agrees that it shall make no statements, press releases, or publicity releases

concerning the Purchase Order or its subject matter or otherwise disclose or permit to be disclosed

any of the data or other information obtained or furnished in compliance with the Purchase Order,

or any particulars thereof, during the period of the Purchase Order, without first notifying the

Agency’s Contract Manager or the Agency’s designated contact person and securing prior written

consent. The Contractor shall maintain confidentiality of all confidential data, files, and records

related to the services and/or commodities provided pursuant to the Purchase Order and shall

comply with all state and federal laws, including, but not limited to sections 381.004, 384.29,

392.65, and 456.057, F.S. The Contractor’s confidentiality procedures shall be consistent with the

most recent version of the Agency’s security policies, protocols, and procedures. The Contractor

shall also comply with any applicable professional standards with respect to confidentiality of

information.

G. Intellectual Property

Contractor’s Preexisting Intellectual Property (Proprietary) Rights. Unless specifically

addressed otherwise in the Scope of Work, intellectual property rights to the Contractor’s

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preexisting property will remain with the Contractor. If the Contractor is a state agency or

subdivision, as defined in Subsection 768.28(2), F.S., pursuant to Subsection 768.28(19), F.S.,

neither Party indemnifies nor insures the other Party for or on account of any copyrighted,

patented, or un-patented invention, process or article manufactured or supplied by Contractor. If

Contractor is not a state agency or subdivision as defined above, Contractor shall indemnify and

hold harmless the Commission and its employees from any liability, including costs, expenses, and

attorney’s fees, for or on account of any copyrighted, patented, or un-patented invention, process

or article manufactured or supplied by Contractor.

Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, licensing,

marketing or other authorization related to any intellectual property right created or otherwise

developed by the Contractor under this Contract for the Commission shall be handled in the

manner specified by applicable state statute.

Commission Intellectual Property Rights. Where activities supported by this Contract

produce original writing, data, sound recordings, pictorial reproductions, drawings or other graphic

representation and works of any similar nature, the Commission and the State of Florida have the

unlimited, royalty-free, nonexclusive, irrevocable right to use, duplicate and disclose such

materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting

on behalf of the Commission to do so. If this Contract is supported by federal funds, the federal

awarding agency reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish,

or otherwise use the work for federal purposes, and to authorize others to do so.

H. Convicted and Discriminatory Vendor Lists

In accordance with sections 287.133 and 287.134, F.S., an entity or affiliate who is on the Convicted

Vendor List or the Discriminatory Vendor List may not perform work as a contractor, supplier,

subcontractor, or consultant under the Purchase Order with any Agency.

Section 6. Termination

A. Termination for Convenience

The Purchase Order may be terminated by the Agency in whole or in part at any time in the best

interest of the Agency. If the Purchase Order is terminated before performance is completed, the

Contractor shall be paid only for that work satisfactorily performed for which costs can be

substantiated. Such payment, however, may not exceed an amount which is the same percentage

of the Purchase Order price as the amount of work satisfactorily performed. All work in progress

shall become the property of the Agency and shall be turned over promptly by the Contractor.

B. Termination for Cause

If the Agency determines that the performance of the Contractor is not satisfactory, the Agency

shall have the option of (a) immediately terminating the Purchase Order, or (b) notifying the

Contractor of the deficiency with a requirement that the deficiency be corrected within a specified

time, otherwise the Purchase Order will be terminated at the end of such time, or (c) take other

action deemed appropriate by the Agency.

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Section 7. Subcontractors and Assignments

A. Subcontractors

The Contractor shall not subcontract any work under the Purchase Order without the prior written

consent of the Agency. The Contractor is fully responsible for satisfactory completion of all

subcontracted work.

B. Assignment

The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the

Purchase Order without the prior written consent of the Agency. In the event of any assignment,

the Contractor remains secondarily liable for performance of the Purchase Order, unless the

Agency expressly waives such secondary liability. The Agency may assign the Purchase Order with

prior written notice to the Contractor.

Section 8. RESPECT and PRIDE

A. RESPECT

In accordance with subsection 413.036(3), F.S., if a product or service required for the performance

of the Purchase Order is on the procurement list established pursuant to subsection 413.035(2),

F.S., the following statement applies:

IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE

SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED

FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED

THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME

MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND

(2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM,

OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT

SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS

DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED.

Additional information about the designated nonprofit agency and the products it offers is available

at http://www.respectofflorida.org.

B. PRIDE

In accordance with subsection 946.515(6), F.S., if a product or service required for the performance

of the Purchase Order is certified by or is available from Prison Rehabilitative Industries and

Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with subsection

946.515(2), F.S., the following statement applies:

IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE

SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED

FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME

MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND

(4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER

BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE

DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH

CORPORATION ARE CONCERNED. Additional information about PRIDE and the products it

offers is available at http://www.prideenterprises.org.

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Section 9. Miscellaneous

A. Independent Contractor

The Contractor and its employees, agents, representatives, and subcontractors are not employees

or agents of the Agency and are not entitled to the benefits of State of Florida employees. The

Agency shall not be bound by any acts or conduct of the Contractor or its employees, agents,

representatives, or subcontractors. The Contractor agrees to include this provision in all of its

subcontracts under the Purchase Order.

B. Governing Law and Venue

The laws of the State of Florida shall govern the Purchase Order. The Parties submit to the

jurisdiction of the courts of the State of Florida exclusively for any legal action related to the

Purchase Order. Further, the Contractor hereby waives any and all privileges and rights relating

to venue it may have under Chapter 47, F.S., and any and all such venue privileges and rights it

may have under any other statute, rule, or case law, including, but not limited to those based on

convenience. The Contractor hereby submits to venue in the county chosen by the Agency.

C. Waiver

The delay or failure by the Agency to exercise or enforce any of its rights under the Purchase Order

shall not constitute waiver of such rights.

As part of the consideration for this Contract, the Parties hereby waive trial by jury in any action

or proceeding brought by any party against any other party pertaining to any matter whatsoever

arising out of or in any way connected with this Contract, or with the products or services provided

under this Contract, including but not limited to any claim by the Contractor of quantum meruit.

D. Modification and Severability

The Purchase Order may only be modified by a change order agreed to by the Agency and the

Contractor. Should a court determine any provision of the Purchase Order is invalid, the remaining

provisions shall not be affected, and the rights and obligations of the parties shall be construed and

enforced as if the Purchase Order did not contain the provision held to be invalid.

E. Time is of the Essence

Time is of the essence with regard to each and every obligation of the Contractor. Each such

obligation is deemed material, and a breach of any such obligation (including a breach resulting

from untimely performance) is a material breach.

F. Background Check

The Agency may require the Contractor and its employees, agents, representatives and

subcontractors to provide fingerprints and be subject to such background check as directed by the

Agency. The cost of the background check(s) shall be borne by the Contractor. The Agency may

require the Contractor to exclude the Contractor’s employees, agents, representatives or

subcontractors based on the background check results.

G. E‐Verify

In accordance with Executive Order 11‐116, the Contractor agrees to utilize the U.S. Agency of

Homeland Security’s E‐Verify system, https://e‐verify.uscis.gov/emp, to verify the employment

eligibility of all new employees hired during the term of the Purchase Order for the services

specified in the Purchase Order. The Contractor shall also include a requirement in subcontracts

that the subcontractor shall utilize the E‐Verify system to verify the employment eligibility of all

new employees hired by the subcontractor during the Purchase Order term.

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H. Commodities Logistics

The following provisions shall apply to all Purchase Orders unless otherwise indicated in the

contract documents:

1) All purchases are F.O.B. destination, transportation charges prepaid.

2) Each shipment must be shipped to the address indicated on the face of the Purchase Order and

marked to the attention of the individual identified, if any. Each shipment must be labeled plainly

with the Purchase Order number and must show the gross, tare, and net weight. A complete

packing list must accompany each shipment. This paragraph shall also apply to any third party

who ships items on behalf of the Contractor.

3) No extra charges shall be applied for boxing, crating, packing, or insurance.

4) The following delivery schedule shall apply: 8:00 AM – 4:00 PM, Monday through Friday,

excluding legal holidays.

5) If delivery to the specified destination cannot be made on or before the specified date, notify the

Agency immediately using the contact information provided in the MyFloridaMarketPlace system.

6) The Agency assumes no liability for merchandise shipped to other than the specified destination.

7) Items received in excess of quantities specified may, at Agency’s option, be returned at the

Contractor’s expense. Substitutions are not permitted.

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FWC 15/16-098

ATTACHMENT B

SITE VISIT MANDATORY ATTESTATION

Individual Bidder Attendance

The undersigned, having visited the sites associated with the specifications contained herein attest

to the following:

“We have examined the sites associated with the specifications contained herein and have familiarized ourselves with the site(s), site conditions, and have examined carefully the extent of the work needed.”

____________________________________ ________________________________________

BIDDER NAME AUTHORIZED SIGNATURE

______________________________

Date

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FWC 15/16-098

ATTACHMENT C

IDENTICAL TIE BIDS / DRUG-FREE WORKPLACE

In accordance with Section 287.087, Florida Statutes, preference shall be given to businesses with

drug-free workplace programs. Whenever two (2) or more bids, which are equal with respect to

price, quality, and service, are received by the State or by any political subdivision for the

procurement of commodities or contractual services, a bid received from a business that certifies

that it has implemented a drug-free workplace program shall be given preference in the award

process. Established procedures for processing tie bids will be followed if none of the tied vendors

have a drug-free workplace program. In order to have a drug-free workplace program, a business

shall:

1) Publish a statement notifying employees that the unlawful manufacture,

distribution, dispensing, possession, or use of a controlled substance is prohibited in

the workplace and specifying the actions that will be taken against employees for

violations of such prohibition.

2) Inform employees about the dangers of drug abuse in the workplace, the business's

policy of maintaining a drug-free workplace, any available drug counseling,

rehabilitation, and employee assistance programs, and the penalties that may be

imposed upon employees for drug abuse violations.

3) Give each employee engaged in providing the commodities or contractual services

that are under bid a copy of the statement specified in subsection one (1).

4) In the statement specified in subsection one (1), notify the employees that, as a

condition of working on the commodities or contractual services that are under bid,

the employee will abide by the terms of the statement and will notify the employer

of any conviction of, or plea of guilty of nolo contendere to, any violation of chapter

893 or of any controlled substance law of the United States or any state, for a

violation occurring in the workplace no later than five (5) days after such conviction.

5) Impose a sanction on, or require the satisfactory participation in a drug abuse

assistance or rehabilitation program if such is available in the employee's

community, by any employee who is so convicted.

6) Make a good faith effort to continue to maintain a drug-free workplace through

implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the

above requirements.

_______________________________ ________________________________

VENDOR NAME AUTHORIZED SIGNATURE

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FWC 15/16-098

ATTACHMENT D

PRICE SHEET

CONTRACTOR SHALL NOT ALTER THE PRICE SHEET IN ANY WAY.

Price quoted shall not contain any Federal or State sales or use taxes. The Bidder recognizes

that the State of Florida, by virtue of its sovereignty, is not required to pay taxes on services,

goods and/or equipment purchased incident to such service. Quoted price shall include all

necessary items to complete the project.

ALL ITEMS SHALL BE BID, OR THE BID WILL BE REJECTED. THE BID WILL BE

AWARDED TO THE RESPONSIVE, RESPONSIBLE BIDDER THAT SUBMITS THE LOWEST

TOTAL

Snipe Island Unit

Job 1: To include Deliverables 1-3 stated in Section C of the Scope of Work

(Timber Stand Shapefiles, Analysis of inventory data, and timber stand report):

Job 1 Price: $________________

Job 2: To include Deliverable 4 stated in Section C of the Scope of Work

(Sivicultural Recommendations): Job 2 Price: $________________

A. Snipe Island Unit Total Price (Job 1 + Job 2): $________________

Hickory Mound Unit

Job 3: To include Deliverables 1-3 stated in Section C of the Scope of Work

(Timber Stand Shapefiles, Analysis of inventory data, and timber stand report):

Job 3 Price: $_________________

Job 4: To include Deliverable 4 stated in Section C of the Scope of Work

(Sivicultural Recommendations): Job 4 Price: $_________________

B. Hickory Mound Unit Total Price (Job 3 + Job 4): $_________________

Spring Creek Unit

Job 5: To include Deliverables 1-3 stated in Section C of the Scope of Work

(Timber Stand Shapefiles, Analysis of inventory data, and timber stand report):

Job 5 Price: $________________

Job 6: To include Deliverable 4 stated in Section C of the Scope of Work

(Sivicultural Recommendations): Job 6 Price: $________________

C. Spring Creek Unit Total Price (Job 5 + Job 6) $________________

TOTAL BID PRICE (Add A, B, & C together): $________________

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ATTACHMENT D

(page 2 of 2)

BY SIGNING BELOW I ATTEST THAT I HAVE READ THE ENTIRE BID AND AGREE TO

FURNISH THE SERVICES AT THE PRICE QUOTED ABOVE. I HERBY AFFIRM I HAVE NOT

BEEN IN ANY AGREEMENT OR COLLUSION AMONG BIDDERS IN RESTRAINT OF

FREEDOM OF COMPETITION.

Contractor: _______________________________________________________________________

Address: _________________________________________________________________________

Signed: __________________________________________________________________________

Print Name: _____________________________________________________________________

Title: ____________________________________________________________________________

Fax: _____________________________________________________________________________

City/State/Zip: ____________________________________________________________________

Telephone: _______________________________________________________________________

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FWC 15/16-098 ATTACHMENT E

REFERENCES

A minimum of three (3) references from at least three governmental agencies for which similar work was

completed in the last 5 years, or alternatively, the names of at least 3 private landowners for whom timber

assessments have been completed on a minimum of 1,000 acres of timber stands per inventory must be

supplied with the bid. The firms and/or contact persons should be available between the hours of 8:00 AM

and 5:00 PM, Eastern Time, Monday through Friday. If any reference is not available as stated above, this

may be cause for rejection of the Bidder’s bid. Provide a description (scope of work) of each job.

NAME OF COMPANY: ____________________________________________________________________________________

CONTACT PERSON: ______________________________________________________________________________________

ADDRESS: _______________________________________________________________________________________________

CITY/STATE/Z1P: _________________________________________________________________________________________

TELEPHONE NUMBER: _______________________________ E-MAIL ADDRESS: ________________________________

JOB DATE: _______________________________________________________________________________________________

DESCRIPTION (SCOPE OF WORK):________________________________________________________________________

___________________________________________________________________________________________________________

***********************************************************************************************************

NAME OF COMPANY: ____________________________________________________________________________________

CONTACT PERSON: ______________________________________________________________________________________

ADDRESS: _______________________________________________________________________________________________

CITY/STATE/Z1P: _________________________________________________________________________________________

TELEPHONE NUMBER: _______________________________ E-MAIL ADDRESS: ________________________________

JOB DATE: _______________________________________________________________________________________________

DESCRIPTION (SCOPE OF WORK):________________________________________________________________________

___________________________________________________________________________________________________________

***********************************************************************************************************

NAME OF COMPANY: ____________________________________________________________________________________

CONTACT PERSON: ______________________________________________________________________________________

ADDRESS: _______________________________________________________________________________________________

CITY/STATE/Z1P: _________________________________________________________________________________________

TELEPHONE NUMBER: _______________________________ E-MAIL ADDRESS: ________________________________

JOB DATE: _______________________________________________________________________________________________

DESCRIPTION (SCOPE OF WORK):________________________________________________________________________

___________________________________________________________________________________________________________

__________________________________ ________________________________

CONTRACTOR NAME AUTHORIZED SIGNATURE

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FWC 15/16-098

ATTACHMENT F

FLORIDA FISH & WILDLIFE CONSERVATION COMMISSION

CERTIFICATES OF CONTRACT COMPLETION

Project: _____________________________________________________________________________________________

Contractor: _________________________________________________________________________________________

Contract # or PO #: __________________________________________________________________________________

FEID #: ____________________________________________________________________________________________

(Or Social Security #)

Contract Date: ______________________________ Total Amount $______________________________________

CONTRACTOR’S AFFIDAVIT

I solemnly swear (or affirm): That the work under the above-named contract and all amendments thereto

have been satisfactorily completed; that all amounts payable for materials, labor and other charges against project

have been paid; that no liens have been attached against the project; that no suits are pending by reason of work

on the project under the contract; that all Workers' Compensation claims are covered by Workers' Compensation

Insurance as required by law; and that all public liability claims are covered by insurance. I further certify that

all just and lawful bills against the undersigned and his subcontractors for labor, material and equipment

employed in the performance of this Contract have been paid in full accordance with their terms and conditions.

CONTRACTOR

_______________________________________

Name:

Title:

NOTARY Date:

STATE OF:

COUNTY OF:

Personally appeared before me this _________ day of ________________________________, 20

_______ _______________________________________________________________, known (or

made known) to me to be

the

____________________________________________________________________________________________________

(Owner) (Partner) (Corporate Officer-

give title)

of _____________________________________________________________________________________, Contractor (s),

who subscribed and swore to the above instrument in my presence.

Personally known _______ Or Produced

__________________________________________________

Identification _________ Notary Public

(Seal)

Type of Identification Produced Type Name:

My Commission Expires:

_________________________________

COMMISSION’S CERTIFICATION

I certify: That, to the best of my knowledge and belief, the work on the above named project has been

satisfactorily completed under the terms and conditions of the contract.

Project Manager: _________________________________ Division/Office: ________________________________

Signature: ____________________________________ Title: ________________________________________

Date: ____________________________________

Rev. 10/2015 FWC 15/16-098, Page 57 of 61

FWC 15/16-098

ATTACHMENT G

CERTIFICATIONS AND ASSURANCES

The Commission will not award this Contract unless Contractor completes the

CERTIFICATIONS AND ASSURANCES contained in this Attachment. In performance of this

Contract, Contractor provides the following certifications and assurances:

A. Debarment and Suspension Certification (2 CFR Part 1400)

B. Certification Regarding Lobbying (31 U.S.C. 1352)

C. Certification Regarding Public Entity Crimes (section 287.133, F.S.)

D. Certification Regarding Drug-Free Workplace Requirements (41 U.S.C. 701 et. seq.) (as

applicable to recipients and subrecipients of federal financial assistance)

E. Certification Regarding the Scrutinized Companies List (section 287.135, F.S.) (as

applicable)

A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MATTERS – PRIMARY COVERED TRANSACTION.

The undersigned Contractor certifies to the best of its knowledge and belief, that it and its

principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or

voluntarily excluded from covered transactions by a Federal department or agency;

2. Have not within a three-year period preceding this Contract been convicted of or had a

civil judgment rendered against them for commission of fraud or a criminal offense in

connection with obtaining, attempting to obtain, or performing a public (Federal, State,

or local) transaction or contract under a public transaction; violation of Federal or State

antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or

destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted or otherwise criminally or civilly charged by a government

entity (Federal, State or local) with commission of any of the offenses enumerated in

paragraph A.2. of this certification; and/or

4. Have not within a three-year period preceding this application/proposal had one (1) or

more public transactions (Federal, State, or local) terminated for cause of default.

If Contractor is unable to certify to any of the statements in this certification,

CONTRACTOR shall attach an explanation to this Contract.

Rev. 10/2015 FWC 15/16-098, Page 58 of 61

B. CERTIFICATION REGARDING LOBBYING – Certification for Contracts, Grants, Loans,

and Cooperative Agreements.

The undersigned Contractor certifies, to the best of his or her knowledge and belief, that:

No Federal appropriated funds have been paid or will be paid, by or on behalf of the

undersigned, to any person for influencing or attempting to influence an officer or

employee of Congress, or an employee of a Member of Congress in connection with the

awarding of any Federal contract, the making of any Federal grant, the making of any

Federal loan, the entering into of any cooperative agreement, and the extension,

continuation, renewal, amendment or modification of any Federal contract, grant, loan

or cooperative agreement.

If any funds other than Federal appropriated funds have been paid or will be paid to any

person for influencing or attempting to influence an officer or employee of any agency, a

Member of Congress, an officer or employees of Congress, or employee of a Member of

Congress in connection with a Federal contract, grant, loan, or cooperative agreement,

the undersigned shall also complete and submit Standard Form – LLL, “Disclosure Form

to Report Lobbying,” in accordance with its instructions.

The undersigned shall require that language of this certification be included in the

documents for all subcontracts at all tiers (including subcontracts, sub-grants and

contracts under grants, loans and cooperative agreements) and that all sub-recipients

and contractors shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed

when this Contract was made or entered into. Submission of this certification is a

prerequisite for making or entering into this Contract imposed by 31 U.S.C. 1352. Any

person who fails to file the required certification shall be subject to a civil penalty of not

less than $10,000.00 and not more than $100,000.00 for each such failure.

C. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES, SECTION 287.133, F.S.

Contractor hereby certifies that neither it, nor any person or affiliate of Contractor, has been

convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted

vendor list.

Contractor understands and agrees that it is required to inform the Commission immediately

upon any change of circumstances regarding this status.

D. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS

(If Contractor is a Recipient of Subrecipient of Federal Financial Assistance)

Pursuant to the Drug-Free Workplace Act of 1988, the undersigned attests and certifies that

the Contractor (if not an individual) will provide a drug-free workplace by the following actions:

1. Publishing a statement notifying employees that the unlawful manufacture,

distribution, dispensing, possession or use of a controlled substance is prohibited in

Rev. 10/2015 FWC 15/16-098, Page 59 of 61

Contractor's workplace and specifying the actions that will be taken against employees

for violation of such prohibition.

2. Establishing an ongoing drug-free awareness program to inform employees concerning:

a. The dangers of drug abuse in the workplace.

b. The policy of maintaining a drug-free workplace.

c. Any available drug counseling, rehabilitation and employee assistance programs.

d. The penalties that may be imposed upon employees for drug abuse violations

occurring in the workplace.

3. Making it a requirement that each employee to be engaged in the performance of the

Contract be given a copy of the statement required by paragraph D.1. of this certification.

4. Notifying the employee in the statement required by paragraph D.1. of this certification

that, as a condition of employment under the Contract, the employee will:

a. Abide by the terms of the statement.

b. Notify the employer in writing of his or her conviction for a violation of a criminal

drug statute occurring in the workplace no later than five (5) calendar days after

such conviction.

5. Notifying the Commission in writing ten (10) calendar days after receiving notice under

subparagraph 4.b. from an employee or otherwise receiving actual notice of such

conviction. Provide such notice of convicted employees, including position title, to every

Contract Manager on whose Contract activity the convicted employee was working. The

notice shall include the identification number(s) of each affected Contract.

6. Taking one of the following actions, within thirty (30) calendar days of receiving notice

under subparagraph 4.b. herein, with respect to any employee who is so convicted:

a. Taking appropriate personnel action against such an employee, up to and

including termination, consistent with the requirements of the Rehabilitation Act

of 1973 as amended.

b. Requiring such employee to participate satisfactorily in a drug abuse assistance

or rehabilitation program approved for such purposes by a Federal, State or local,

health, law enforcement, or other appropriate agency.

7. Making a good faith effort to continue to maintain a drug-free workplace through

implementation of this entire certification.

If the Contractor is an individual, the Contractor certifies that:

1. As a condition of the grant, Contractor will not engage in the unlawful manufacture,

distribution, dispensing, possession, or use of a controlled substance in conducting any

activity with the grant; and,

2. If convicted of a criminal drug offense resulting from a violation occurring during the

conduct of any grant activity, Contractor will report the conviction, in writing, within 10

calendar days of the conviction, to the Commission When notice is made to such a central

point, it shall include the identification number(s) of each affected grant.

Rev. 10/2015 FWC 15/16-098, Page 60 of 61

E. CERTIFICATION REGARDING the SCRUTINIZED COMPANIES LISTS, SECTION

287.135, F.S.

If this Contract is in the amount of $1 million or more, in accordance with the requirements of

section 287.135, F.S., Contractor hereby certifies that it is not listed on either the Scrutinized

Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the

Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, F.S.

Contractor also hereby certifies that it is not engaged in business operations is Cuba or Syria.

Contractor understands that pursuant to section 287.135, F.S., the submission of a false

certification may subject Contractor to civil penalties, attorney’s fees, and/or costs.

If Contractor is unable to certify to any of the statements in this certification, Contractor shall

attach an explanation to this Contract.

By signing below, Contractor certifies the representations outlined in parts A through E above

are true and correct.

________________________________________________

(Signature and Title of Authorized Representative)

________________________________________________

Contractor Date

_______________________________________________

(Street)

______________________________________________

(City, State, ZIP Code)

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Rev. 10/2015 FWC 15/16-098, Page 61 of 61

FWC 15/16-098

ATTACHMENT H

FLORIDA FISH & WILDLIFE CONSERVATION COMMISSION

CERTIFICATES OF PARTIAL PAYMENT

Date For Period Ending Invoice No.

Contractor PO #

Original PO Amount $ Less Previous Payments $

Total days Completed Due this Payment $

CERTIFICATION OF THE CONTRACTOR: According to the best of my knowledge and belief,

I certify that all items and amounts shown on the face of this form are correct, that all work has

been performed and material supplied in full accordance with the terms and conditions of the

Purchase Order. I further certify that all just and lawful bills against the undersigned and his

subcontractors for labor, material, and equipment employed in the performance of the work

assigned under this Purchase Order have been paid in full accordance with their terms and

conditions.

Date Name Title

Signature

CERTIFICATION OF THE SITE MANAGER: I certify that I have checked and verified this

Certificate; that to the best of my knowledge and belief it is a true statement of the value of the

work performed by the Contractor; that all work and material included in this Certificate have

been inspected by me or my authorized assistants; and that all work has been performed in full

accordance with the terms and conditions of the Purchase Order.

Date Name Title

Signature